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(영문) 전주지방법원정읍지원 2017.10.17 2017가단696

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 64,00,000 and the interest rate of KRW 15% per annum from March 29, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 1 and No. 3 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff loaned KRW 30,00,000 to the Defendant on December 30, 2014, setting the payment period as KRW 7% per month, and setting the payment period as KRW 25,00,000 on August 2012, 2015; KRW 25,000,000 per month on December 30, 2015; and KRW 10% per month on August 2012, setting the payment period as KRW 30,000 on December 30, 2014; and the interest rate as KRW 9,00,000 each month on August 20, 2012.

According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total amount of KRW 64,00,000,000, and damages for delay calculated by the rate of 15% per annum from March 29, 2017 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case.

Although the plaintiff and the defendant alleged that they agreed to extend the repayment date for each of the above loans, there is no evidence to acknowledge it.

In addition, the defendant has paid interest to the plaintiff. The part of interest paid in excess of the interest limit under the Interest Limitation Act is null and void, and this should be appropriated to the original. However, there is no evidence to acknowledge that the defendant has paid interest exceeding the interest limit under the Interest Limitation Act

Therefore, all of the defendant's arguments are without merit.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.