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(영문) 서울중앙지방법원 2018.10.17 2018가단22808

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from May 22, 2018 to the date of complete payment.

Reasons

In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 3, the defendant, while conducting monetary transactions with the plaintiff, shall settle them, and the defendant shall pay 45 million won and interest 2% per month to the plaintiff on April 7, 2015 (from May 2015 to November, 2015, the principal shall be repaid at the end of each month, and the remaining principal shall be repaid at the end of December, 100 won). If the principal is not repaid, it can be acknowledged that the defendant written self-written promise to pay 4% per month interest on the outstanding principal by applying additional interest rate of 2% per month.

Although the Defendant asserts that the Plaintiff made a written undertaking by coercion despite the Plaintiff’s full repayment of the loan, it is difficult to view that the Defendant, even though having already repaid the loan, failed to reflect it, and it is insufficient to deem that the Defendant made the written undertaking without reflecting it, and that the statement of No. 1 and No. 2 was sufficient to deem that the Defendant paid the principal on the written undertaking, and there is no other evidence to acknowledge it.

Therefore, as requested by the Plaintiff, the Defendant is obligated to pay the loan 35 million won and the damages for delay calculated at the rate of 15% per annum from May 22, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

The plaintiff's claim is fully accepted.