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(영문) 인천지방법원 2020.09.17 2019가단20145

대여금

Text

The defendant shall pay to the plaintiff KRW 251,693,422 as well as KRW 180,000,000,000 from July 26, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On December 2, 2014, the Plaintiff loaned KRW 100 million to the Defendant at the rate of 2% per month interest and due date on December 1, 2015.

(2) On February 16, 2015, the Plaintiff lent KRW 100 million to the Defendant on February 16, 2015. The loan certificate drafted at the time only states that “each month interest shall be paid as 15 days, and interest shall be paid in advance,” and the interest rate shall not be specified (hereinafter “second loan”).

The Defendant paid to the Plaintiff KRW 6 million on February 5, 2014, KRW 4 million on October 6, 2015, KRW 10 million on October 6, 2015, and KRW 10 million on October 6, 2015 as repayment for the principal of the primary loan. As indicated in the attached Table, the Defendant paid KRW 87,90,000 as interest during the period from January 6, 2014 to September 7, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. First of all, the interest rate of the first loan is 2% per month and the fact that the maturity date is December 1, 2015 is as seen earlier.

The defendant argued that the interest rate was set at 2% per month, but the plaintiff and the plaintiff were lowered to 1.5% per month after the lease, but there is no evidence to acknowledge it.

As to the interest rate on the second loan, the Plaintiff asserts that 2% per month was the same as the first loan, while the Defendant agreed that 3% per annum from the time when the loan certificate was drawn up.

In light of the following circumstances acknowledged by the evidence as above, namely, the second loan was made after the second loan and the second loan was made after the second loan and the second loan was made after the second two months, all of which were 100 million won, the interest payment period for the second loan was specified, but the interest rate was not specified separately, and if the interest rate of 3% per annum is calculated for the second loan as alleged by the defendant, it is merely 2.5 million won per annum. The defendant paid interest of at least 1.4 million won per month from the date of the first loan to the end of 2017 after the date of the second loan (the amount calculated by deducting the interest of 1.6 million won per month from the 3 million won per month paid by the defendant (=80 million won per month 80 million won x 2%)).