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(영문) 의정부지방법원고양지원 2015.01.14 2014가단27602

대여금반환

Text

1. The defendant, against the plaintiff Gap 20,000,000 won, 50,000 won to the plaintiff Eul and 30,000,000 won respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff A lent 15 million won to the Defendant on November 2008, and 5 million won on May 11, 2009.

B. The Plaintiff B lent to the Defendant KRW 15 million on May 11, 2009, and KRW 35 million on September 14, 2010.

C. The Plaintiff C lent 30 million won to the Defendant on August 4, 2009.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 123, purport of the whole pleadings]

2. Whether an agreement is made for interest;

A. The plaintiffs asserted that the interest rate of 2% per month was agreed on the loan, and that the amount paid by the defendant was appropriated for the interest. However, the defendant asserts that the amount repaid during that period should be appropriated for the principal, not interest, because there was no interest agreement.

B. However, the defendant recognizes the details of the admission and withdrawal with the plaintiffs as shown in the attached Form.

The defendant paid a certain amount before and after the 20th day of each month to the plaintiffs.

However, 600,000 won remitted to the Defendant on January 19, 2009 is 2% per month for 30 million won, the Defendant deposited 30,000,000 won per month for the Plaintiffs after the repayment of 15,300,000 won on February 2009. The amount is 2% per month for 15 million won, and the Defendant transferred 720,000 or 7 million won per month after receiving the payment from the Plaintiffs on May 11, 2009. The amount is 35,00,000 won (15,000,000 won) monthly for 2% per month, and it is reasonable for the Defendant to remit 1,50,000 won to 2,50,000 won for repayment of 30,000 won or more (2.5,000,000 won for 2.3 million won or more for 2.5 million won per month.

3. The defendant did not pay the leased principal at the rate of interest, and thus, the plaintiff A is entitled to KRW 20 million, KRW 50 million, and the plaintiff B.