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(영문) 대구지방법원 2016.12.22 2016가단28627

대여금

Text

1. The Defendant’s KRW 70,000,000 as well as the Plaintiff’s annual amount from December 12, 2015 to September 28, 2016, and the following.

Reasons

1. The Plaintiff’s determination as to the Plaintiff’s claim determined on August 15, 2014 as the due date for repayment of KRW 50 million to the Defendant on August 31, 2015; and each loan was made on December 5, 2014 as the due date for repayment of KRW 50,000 on July 31, 2015; the Defendant agreed on each of the above loans at a time to pay interest at an interest rate of a financial institution during the period of time; and the fact that the interest rate of a financial institution at the time when the Plaintiff agreed to receive KRW 3% per annum is either dispute between the parties or acknowledged by the statement in the evidence No. 1 and No. 2.

Thus, barring special circumstances, the defendant is obligated to pay the above loan and the agreed and interest interest thereon to the plaintiff.

2. As to the Defendant’s assertion of repayment, the fact that the Defendant repaid KRW 30 million on December 11, 2015, and the fact that the Defendant appropriated the loan principal for the loan principal, the Defendant is obligated to pay to the Plaintiff KRW 70 million (= KRW 100 million - KRW 30 million) and to pay damages for delay calculated at the rate of 3% per annum, the agreed interest rate from December 12, 2015 to September 28, 2016, which is the delivery date of the copy of the complaint, as the Plaintiff seeks, from the next day to the day of the full payment.

3. If so, the plaintiff's claim is reasonable and accepted.