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(영문) 대전지방법원 2014.12.30 2014가합1915

대여금

Text

1. The defendant shall pay to the plaintiff KRW 827,704,649 and KRW 547,292,083 from November 25, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the overall purport of the statements and arguments stated in Gap evidence Nos. 1 through 10 (including additional numbers), the plaintiff is against the defendant during the period from July 26, 2004 to April 1, 2013 and 33% of the interest month without fixing the due date for repayment, 3% of the total amount of KRW 646,046,40 over 33 times, as stated in the loan amount column in the attached table for repayment of debt, and the defendant is not the defendant, but the person who borrowed the loan of this case from the plaintiff. However, as seen below, the defendant submitted a written statement from August 8, 2014 to the defendant that the interest rate of the loan of this case is 3% per month.

It is recognized that the lease of this case (hereinafter “the lease of this case”) was made, and the Plaintiff was paid 480,441,490 won in total on 215 occasions from the Defendant during the period from February 7, 2005 to April 27, 2013 from February 7, 2005 to April 27, 2013.

B. As a result, insofar as there is no evidence to prove that the Plaintiff and the Defendant agreed on the repayment of the principal among the principal and interest of the instant loan, the said repayment shall be appropriated in repayment in the order of interest and principal pursuant to Article 479 of the Civil Act.

Therefore, from July 26, 2007 to June 29, 2007, 3% per annum from June 30, 2007 (i.e., 36%) and from June 30, 2007, the interest rate of 30% per annum (amended by Act No. 12227, Jan. 14, 2014) shall be applied to appropriate the repayment amount to repay in the order of interest, principal among the principal and interest on the instant loan, and in the order of the principal, the amount payable as of April 27, 2013 in the attached Table of satisfaction of payment will be 547,292,083 won and interest rate of 31,282,212 won as of April 27, 2013, which is the date of the final satisfaction of payment.

C. The interest and delay damages incurred until November 24, 2014 after the date of the final application for reimbursement of the debt are final and conclusive with respect to KRW 547,292,083 of the remainder of the loan.