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(영문) 서울중앙지방법원 2017.07.04 2016가단5312946

대여금

Text

1. From July 1, 2016 to January 29, 2017, the Defendant’s KRW 78,700,000 among the Plaintiff and KRW 71,50,000 among the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff: (a) on June 22, 2004, KRW 10,000, KRW 10,000 on October 7, 2004, KRW 5,000,000 on November 8, 2004, KRW 20,000 on November 24, 2004, KRW 5,000 on December 31, 2004, KRW 5,000,000 on June 10, 205, KRW 10,000 on June 20, 200; and (b) on May 17, 2006, KRW 10,000 on May 20, 2005; and (c) on May 20, 2006, KRW 705 on May 30,7, 2005; and

B. On February 21, 2007, the Defendant: (a) on April 20, 2007, paid to the Plaintiff a total of KRW 71,500,000 with 12% per annum; and (b) on April 20, 2007, issued to the Plaintiff a certificate of borrowing that the interest accrued up to the time when the principal is repaid with the principal.

C. On February 2009, the Defendant requested the Plaintiff to pay interest in arrears of KRW 800,000 per month at the beginning of each month until the principal is repaid in full.

Accordingly, the Plaintiff believed and consented to the commitment that the Defendant would pay it at the beginning of each month from March 2009, which was the next month, and agreed not to claim any interest accrued prior to that. D.

However, the Defendant paid 800,000 won interest in arrears to the Plaintiff on March 2, 2009, as agreed upon, and thereafter, paid 80,000 won interest in arrears each month, as agreed upon. From June 1, 2015 to June 1, 2016, four times (80,000 won, October 1, 2015, 80,000 won, December 3, 2015, 80,000 won, March 2, 2016, 80,000 won, and June 1, 2016) excluding the interest in arrears from June 1, 2016 to June 1, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Comprehensively taking account of the above facts acknowledged as above, the Defendant’s interest in arrears amounting to 78,70,000 won (7,500,000 won = 78,200,000 won = 78,700 won) and its interest in arrears amounting to 78,70,000 won (7,50,000 won = 78,70,700 won = 78,700,000 won) excluding four times in six months from June 2015 to June 2016.