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(영문) 울산지방법원 2018.04.04 2017가합24720

대여금

Text

1. As to KRW 415,290,410 and KRW 300,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 23, 2017 to April 4, 2018.

Reasons

1. Basic facts

A. On November 21, 2008, the Plaintiff lent KRW 300,000,000 to the Defendant (hereinafter “instant loan”).

B. On the same day, the Defendant prepared and issued to the Plaintiff a loan certificate stating that “Won 300,000,000 in daily installments (Won 300,000,000)” and the above amount shall be duly borrowed from the Plaintiff and repaid by December 2010. The interest shall be paid by December 21, 2010 in accordance with the pharmaceutical affairs’ new agreement interest at the time Ulsan-si.” (hereinafter “the loan certificate of this case”).

C. The Defendant did not fully repay the principal and interest of the above loan to the Plaintiff, and on September 29, 2017, when the instant lawsuit was pending, the Plaintiff deposited KRW 300 million as the principal and interest of the loan (Ulsan District Court No. 4432, 2017).

Meanwhile, from 208 to 2017, the interest rate on credit loans provided by the Ulsan Pharmaceutical Cooperatives (hereinafter “Ulsan Pharmaceutical Cooperatives”) is as shown in the attached Table.

[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The parties' assertion

A. On November 21, 2008, the Plaintiff asserted that the Plaintiff agreed to pay KRW 300,000,000 to the Defendant the due date for repayment until December 2010 (the Plaintiff arranged to the effect that the due date shall be December 31, 2010, in the preparatory document dated December 5, 2017, the last day of December 31, 2010), and that interest shall be paid by the 21st day of each month in Ulsan-si, the Defendant has the obligation to pay the Plaintiff the interest calculated by the maximum interest rate of the pharmacist at the rate of maximum interest as determined from November 22, 2008, which is the principal of the instant loan, from September 22, 2017 to September 22, 2017, which is the delivery date of the original copy of the instant payment order, with the interest calculated as the due date of the payment order from the date of the Plaintiff’s delivery of the original copy of the instant loan to September 225, 2017.

B. The Defendant’s assertion that the repayment period is fixed between one party and one party shall be lent without interest.