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(영문) 춘천지방법원원주지원 2016.10.27 2016가단4913

대여금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 44,519,927 and KRW 22,136,273 among them, from June 8, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff loaned money to the Defendant as follows. ① The loan of this case was made on December 15, 2003 - The loan of this case was made on December 15, 2003 - Interest rate of 30,000,000 won - Interest rate of 15% per annum - Interest rate of 15% per annum - Interest rate of 20,000,000 won - Interest rate of 50,000 won - Interest rate of 20 April 21, 2000 - Interest rate of 12.2% per annum - Interest rate of 12.2% per annum : Interest rate of 22,136,273, interest rate of 263,38,380, 380, 496, 305, 47, 496, 205, 306, 47, 496, 47, 297, 496.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the overdue interest rate of 15% per annum with respect to KRW 44,519,927 of the principal and interest of the instant loans and KRW 22,136,273 of the principal of the instant loans from June 8, 2016 to the date of full payment, and damages for delay calculated at the overdue interest rate of 15% per annum with respect to KRW 4,496,95 of the principal of the instant loans, and damages for delay calculated at the overdue interest rate of 12.2% per annum from June 8, 2016 to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) The Defendant paid the instant loan KRW 19,902,492 from January 15, 2004 to July 16, 2012, and repaid the principal amount of KRW 7,863,727 on November 7, 2012, and the principal amount of KRW 22,136,273 on March 25, 2013 and repaid the principal amount of KRW 22,136,273 on March 25, 2013.

However, 22,136,273 won, which was repaid on March 25, 2013, was not actually repaid by the defendant, but was disposed of internally by the plaintiff.