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(영문) 서울북부지방법원 2019.06.25 2018가단130616

대여금

Text

1. As to KRW 139,539,254 and KRW 97,643,364 among the Plaintiff, the Defendant shall start from March 1, 2018 to October 11, 2018.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in subparagraphs 1 through 4 and Eul evidence Nos. 1 through 3, it can be recognized that the plaintiff loaned a sum of KRW 139 million to the defendant and C by means of remitting the loan amount to the bank account from January 16, 2013 to March 2, 2016, as shown in attached Table 1. Thus, the defendant is liable to pay the above principal and interest on the loan to the plaintiff.

2. In light of the facts acknowledged by Gap's evidence 3 and Eul's evidence 1 through 3 as stated in the separate sheet No. 2, if the loan stated in the separate sheet No. 1 is legally appropriated in the order of interest and the principal as stated in the separate sheet No. 2, the remaining principal of the loan shall be 136,643,364 won as of February 28, 2018, and 30% as of March 1, 2018 for KRW 87,643,364 as of March 1, 2018, for KRW 25% per annum from March 1, 2018, for KRW 39,000 per annum from March 1, 2018, for KRW 5% per annum from March 1, 2018, and from March 1, 2018.

Meanwhile, according to the evidence evidence No. 1, it is acknowledged that the defendant prepared a loan certificate with the loan amount of KRW 140 million on February 8, 2017 that the defendant urged the plaintiff to repay the above loan obligation (the amount shall be repaid in full until May 31, 2017; KRW 40 million shall be repaid until September 30, 2017); and the plaintiff demanded payment of KRW 140 million based on the above loan certificate and the amount calculated at the rate of KRW 50 million per annum from October 1, 2017 to the date on which the copy of the application for the payment order of this case is delivered to the defendant; and KRW 15% per annum from the following day to the date on which the copy of the application for the payment order of this case is delivered to the defendant.

It is clear in the calculation that the remaining loan principal is within the scope of interest in arrears calculated as above, as of February 28, 2018, 136,643,364 won, and 2,895,890 won [=10 million won = 14,895,890 won 】05 x 0.05 x 151 days (from October 1, 2017 to February 28, 2018, which the plaintiff seeks) and 365 days].

After all, the defendant.