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(영문) 창원지방법원 2015.12.08 2015가단6589

대여금

Text

1. The Defendant’s KRW 72,580,000 and the Plaintiff’s annual rate of KRW 5% from April 15, 2015 to December 8, 2015.

Reasons

1. Facts of recognition;

A. On September 22, 2012, Nonparty D lent KRW 35 million from the Plaintiff without separately stipulating interest and the due date for payment, and the Defendant jointly and severally guaranteed the aforementioned obligation.

B. On September 28, 2012, the Plaintiff respectively lent a loan of KRW 20 million to the Defendant on September 28, 2012, and KRW 45 million on October 10, 2012.

C. On July 4, 2013, the Plaintiff received reimbursement of KRW 27420,00 from the Defendant.

[Ground for Recognition: No dispute between the parties; Gap evidence Nos. 1, 2, 5-1, 2, 6, and 7; the purport of the whole pleadings]

2. Determination as to the claim

A. On the premise that the Plaintiff agreed on interest rate of 20% per annum at the time of lending money to the Defendant, the Plaintiff calculated and repaid interest from October 1, 2012, which is the last lending date to July 4, 2013, which is the last lending date, to July 4, 2013, and sought payment of interest at the rate of 47,089,589 won and 20% per annum from July 5, 2013 to the full payment date. In addition, under the premise that there was an agreement on interest rate of 35,00,000 won at the time of lending money to Nonparty D, the Plaintiff sought payment of interest rate of 5% per annum from September 23, 2012 to the date of delivery of a duplicate of the application for alteration of the claim, and there is no other evidence to acknowledge that the Defendant did not have any other form of interest as evidence, but there is no other part in the form or part as the Defendant’s written statement.

In addition, the statement of Gap evidence Nos. 6 and 7 is to be applied when the plaintiff lends money to Eul and the defendant.