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(영문) 대구지방법원포항지원 2020.06.09 2019가단106680

대여금

Text

1. The defendant,

A. The plaintiff A's KRW 100,000,000 per annum from April 1, 2020 to June 9, 2020; and

Reasons

1. Case summary and judgment

(a) Each of the following facts shall be acknowledged, either as a dispute between the parties, or as a whole, as stated in Gap evidence 1 to 6 (including a serial number, if any; hereinafter the same shall apply) and witness D's testimony, by considering the overall purport of the pleadings:

1) From October 14, 2014 to October 24, 2014, Plaintiff A lent a total of KRW 100,000,000 to the Defendant on a fixed rate of 6% per annum. The Plaintiff B, on October 28, 2014, on a fixed rate of 80,000,000 to the Defendant for payment of interest, was leased at 6% per annum (it means that the Defendant borrowed a total of KRW 180,000,000 from Plaintiff A) without a separate rate of 80,000 to the Defendant on a fixed rate of 6% per annum (it means that the Defendant borrowed a total of KRW 180,00,000 from Plaintiff A). However, in light of the above transaction scale, the Defendant’s assertion that there was no interest rate of KRW 100,000 in itself was difficult to obtain payment in light of its nature, the Defendant sent the Plaintiff’s text message to the Plaintiff for late payment of interest payment 10,0000% per month.

B. According to the above facts, the defendant seeks to deduct the interest that the plaintiffs had already received from the defendant after recognizing it as to the above loan amount of 100,000,000 won and the above interest rate of 6% per annum from April 1, 2020 to June 9, 2020, which is the date of this judgment from April 1, 2020, and 12% per annum from the next day to the date of complete payment, and interest or delay damages calculated at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment. The plaintiff shall have the remaining loan amount of 30,000,000 won to the plaintiff B,