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(영문) 창원지방법원마산지원 2016.09.22 2016가단101924

대여금

Text

1. The Defendant’s KRW 16,452,236 as well as the Plaintiff’s annual rate from August 25, 2016 to September 22, 2016, and the following.

Reasons

1. In full view of the purport of the entire pleadings in the evidence Nos. 1 through 7 as to the cause of the claim, it can be acknowledged that the Plaintiff agreed to pay 30,000,000 won to the Defendant on July 21, 2003 by setting the due date for repayment as February 21, 2004, and by paying damages for delay at 2% per annum from the following day of the repayment date.

(hereinafter “instant loan agreement”). In addition, the Plaintiff is a person who received KRW 18,400,00 from the Defendant as principal repayment as shown below.

On December 10, 200, KRW 1,000, KRW 600,000 on December 10, 2004, KRW 200,000 on July 26, 2004, KRW 4000,000 on August 2004, 2004, KRW 3,000,000 on March 17, 2009, KRW 11,000,000 on March 11, 2011, KRW 200,000 on June 10, 201, the Defendant is obligated to pay to the Plaintiff 6.10,00,000 on June 10, 201, KRW 200 on June 10, 201, KRW 10,000 on September 10, 200 and KRW 10,00 on September 10, 2018.

(1) The loan agreement of this case was concluded on February 21, 2004, on the premise that the interest rate of the loan agreement of this case is 2% per annum, and the rate of 2% per annum from the following day to August 17, 2016 shall be applied to the statutory interest rate of 5% per annum as stipulated in the Civil Act. However, as seen earlier, the loan agreement of this case only set the interest rate of 2% per annum from the day immediately following the date of repayment without interest, and thus, it does not accept the claim that exceeds the above recognition limit of the plaintiff due to the above premise. The loan agreement of this case was made on the premise that the interest rate of the interest rate of the interest of the interest of the fixed interest rate of the term of interest at the original time exceeds the above recognition limit of 29,000,000,000 on February 22, 2004.