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(영문) 서울동부지방법원 2020.02.06 2019가합102886

대여금

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1. The Defendant’s KRW 1,00,000,000 for the Plaintiff and 3.6% per annum from August 10, 2018 to February 6, 2020.

Reasons

1. According to the evidence evidence No. 1 of the cause of the claim, since the Plaintiff loaned KRW 1,00,000,000 to the Defendant on July 22, 2016 by the due date for repayment on February 21, 2017, the interest rate of KRW 3,000,000 per annum is set at KRW 3,00,000 per annum, the Defendant is obligated to pay to the Plaintiff damages for delay calculated from August 10, 2018 to February 6, 2020, the agreement of February 3.6 (1, 00,000,000 per annum from the date of the instant judgment to February 6, 2020, which is reasonable for the Defendant to dispute on the existence or scope of the obligation to perform, as the Plaintiff paid interest rate of KRW 3,00,000 per annum to the Defendant on February 21, 2017.

(1) The plaintiff's assertion on August 10, 2018 that the amount calculated by the rate of 15% per annum from August 10, 2018 to KRW 1,000. However, there is no assertion or proof as to the rate, and there is no obligation to pay damages for delay applying the rate of interest as stipulated in the Act on the Promotion, etc. of Litigation until the delivery date of a copy of the complaint in this case. Thus, this part of the plaintiff's assertion is without merit, and this part is reasonable to be disputed by the defendant. 2. The defendant's claim and judgment on this point are received KRW 1.5 billion from the defendant, who is a superior of the upper relationship, to the defendant's personal business chain D with KRW 1,00,000,00,000,000, and C actually paid to the defendant, but it was defective that the defendant received KRW 1,000,000 from the plaintiff, and it was not possible to request the plaintiff to return the interest to the defendant on May 29, 26, 16, 2016.