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(영문) 춘천지방법원 강릉지원 2018.02.13 2017나1001

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 12,318,389 and KRW 8,900,00 among them.

Reasons

1. Determination on the cause of the claim

A. The fact that the amount that the Plaintiff or the Plaintiff’s wife lent to the Defendant is KRW 13,70,000 as the sum of KRW 8,900,000 on January 30, 2007 and KRW 1,800,000 on November 26, 2009, and KRW 13,700,000 on August 29, 201 that the Plaintiff or the Plaintiff’s wife leased to D, who is the Defendant or the Defendant’s husband, is either a dispute between the parties or acknowledged by each of the statements in the evidence Nos. 1 (number omitted, hereinafter the same shall apply), B, and 2 (the part transacted in the name of D and C is both a transaction between the Plaintiff and the Defendant).

On January 30, 2007, the purport of the Plaintiff’s argument is as to whether the Defendant agreed to pay interest to the Plaintiff. ① At the time of borrowing KRW 8,900,000 for the first time, the Defendant agreed to pay the Plaintiff’s interest at the Myppbook (1.55% per annum). ② On November 25, 2009 due to the issue of hospital financing, the Plaintiff demanded the Defendant to pay the loan to the Defendant, and the Defendant would have to pay the loan to the Defendant on a different occasion, and the Plaintiff would have borrowed KRW 10,00,000 at the interest rate of KRW 2% per month from pro-Japanese, and thereafter, the Defendant did not pay the interest at the rate of KRW 200,00 per month (=10,000,000 per annum 2%) and the Plaintiff did not pay the loan to the Defendant on a different occasion.

() The Defendant was loaned KRW 12,50,000 per annum with 10% interest rate of 10%. Accordingly, the Defendant is obligated to pay to the Plaintiff the interest amount of KRW 8,90,00 and KRW 2,897,974 with interest rate of KRW 11,218,389 and KRW 4,216,363 (= KRW 8,90,000, KRW 2,897, KRW 97, KRW 418,389) and the interest amount of KRW 8,90,00 among the loans received from the East Lifelong, which is equivalent to the interest amount of KRW 11,218,389 and KRW 6,800 paid to the Plaintiff, and KRW 16,216,363 from February 25, 2015).