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(영문) 수원지방법원성남지원 2016.11.04 2016가단16220

대여금

Text

1. The defendant shall pay to the plaintiff 58,652,092 and KRW 48,709,592 from August 18, 2011.

Reasons

1. Facts of recognition;

A. On March 17, 2010, the Plaintiff decided to lend 50,000,000 won to the Defendant at an interest rate of 2% per month and on March 17, 2011. On the same day, the Plaintiff paid KRW 49,00,000,000 to the Defendant, deducting the monthly interest of KRW 1,00,000 from the monthly advance payment on the same day.

(hereinafter “instant loan 1”). (b)

In addition, on September 12, 201, the Plaintiff decided to lend KRW 10,000 to the Defendant at an interest rate of KRW 3% per month and on October 12, 2011, and paid KRW 9,700,000 to the Defendant on the same day after deducting KRW 300,000 from the monthly advance interest of KRW 30,00.

(hereinafter “instant second loan”) c.

Then, the defendant on April 16, 2010 to the plaintiff.

5.18.18. The same year;

6.17.17. The same year

7.18. 18. 19

8.17.17. The same year

9.17.17.17.17.17.17., November 16, 11.16 of the same year, December 15 of the same year, and January 17, 201;

2.17., 17. The same year

3.17., 17. The same year

4.17.17. The same year.

5.17., 17. The same year

6.17. & 17. The same year

7. Each 18.18. 1,000,000 won was paid.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,000,000 for the first loan and interest or delay damages thereon. 2) As to the first loan, the Defendant was not only entitled to the amount of KRW 1,00,000 out of the first loan but also entitled to the amount of KRW 16,00,000 from April 201 to July 201, 201.

In light of the above facts, the Plaintiff’s claim for the first loan of this case against the Defendant was 16,00,000 won, which was deducted as the prior interest, and the Defendant paid to the Plaintiff 16,00,000 won, which was 17,000,000 won, to July 201, 201, in the order of statutory appropriation of debt under Article 477 of the Civil Act, as indicated in the following table, the Plaintiff’s claim for the first loan of this case against the Defendant, was appropriated in the order of payment of interest and principal until July 18, 201.

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