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(영문) 수원지방법원성남지원 2016.08.10 2015가단215976

대여금

Text

1. As to the Plaintiff KRW 56,135,200 and KRW 50,000 among them, the Defendant shall start from August 27, 2015 to August 10, 2016.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff is the Defendant’s loan amounting to KRW 10,000,000 (hereinafter “loan”) on December 7, 2010, and KRW 50,000,000 on February 8, 201 (hereinafter “Loan”) (hereinafter “Loan”).

(2) On March 7, 2011, the Defendant: (a) borrowed KRW 10,600,000 from the Plaintiff on May 17, 2012, and agreed to repay KRW 7,500,000 to the Plaintiff by July 30, 2012; (b) the Defendant, on the loan certificate, entered the loan certificate as “A” and “B” and entered his resident registration number and address as “A” and “B” in his/her own written statement.

(hereinafter referred to as “the guaranteed debt of this case”). 【No dispute exists with the ground of recognition, Gap evidence 1 through 3, Gap evidence 6, and Gap evidence 10 (including branch numbers), appraiser D’s written appraisal result, the purport of the whole pleadings.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 57,00,000 and interest or delay damages thereon. 2) In light of the Defendant’s repayment of the loan on December 7, 2010 by adding the interest at the rate of KRW 2% per month to the loan on February 8, 2011, the Plaintiff asserted that an interest agreement was reached at the rate of KRW 2% per month for the loan on February 8, 2011. However, the above facts of recognition alone are insufficient to recognize that the Plaintiff and the Defendant agreed to pay the interest on the loan on February 8, 201 between the Plaintiff and the Defendant, and there is no other evidence to prove otherwise.

In addition, the Plaintiff asserts that, from February 9, 2011 to February 8, 2011, at least five percent per annum under the Civil Act should be paid with respect to loans extended on February 8, 2011. However, barring special circumstances, such as the repayment period was set on February 9, 201, the Plaintiff’s loans extended on February 8, 201 as a matter of course from February 9, 2011.

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