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(영문) 대전지방법원 2012.06.01 2011가단31888

대여금

Text

1. The defendant shall pay to the plaintiff KRW 55,637,00 and KRW 40,000 among them, monthly from November 19, 2010 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 22, 2010, the Plaintiff agreed to settle the amount loaned by the Plaintiff to the Defendant as KRW 60,000,000 and to be paid interest at the rate of 2% per month.

From October 1, 2010, the Defendant did not pay interest on the said borrowed money. On November 19, 2010, the Defendant repaid KRW 20,000 to the Plaintiff with the repayment of KRW 20,000,000 to the principal of the borrowed money.

B. Separate from the above loans, the Plaintiff lent the amount of loans by using the C Card, D Card, E Card, and the Plaintiff’s husband F’s C Card in the name of the Plaintiff to the Defendant. As of September 28, 2010, the above card payment remains KRW 11,917,000.

On October 26, 2010, the Defendant repaid KRW 2,200,000 to the principal of credit card payments.

C. Around February 2010, the Defendant purchased shares of G Co., Ltd. owned by the Plaintiff from the Plaintiff in KRW 4,000,000.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 18 evidence (including each number), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, the defendant is obligated to pay the following money to the plaintiff:

1) Balance of loans from May 22, 2010: 40,000 won (=60,000,000 won - 20,000,000 won) interest rate of 2% per annum from October 1, 2010 to November 18, 201 of the same year: 1,920,00 won (=60,000,0000 x 0.02 x 18/300 x 18/30) or interest rate of 0.00,000 won (i.e., 11,917,000 - 20,000,000 won) or 40,000,000 won with interest rate of 1,920,005,000 won or 4,005,000 won with interest rate of 9,005,201.