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(영문) 대구지방법원포항지원 2019.02.19 2018가단1924
대여금등
Text

1. The Plaintiff:

A. Defendant C is KRW 10,00,000 and interest rate of KRW 18% per annum from March 23, 2014 to the date of full payment.

Reasons

1. Determination as to the claim of KRW 10,000,000

A. Comprehensively taking account of the purport of the entire pleadings as to the statement in Gap evidence No. 1-1-1, the Plaintiff loaned KRW 10,000,000 to defendant C on February 22, 2013 as interest rate of KRW 1.5% (22. per month on the interest payment date) and due date of repayment on October 22, 2013, and the receipt of a certificate of borrowing the same as the above content from defendant C, and Defendant C paid interest by March 22, 2014.

B. The plaintiff asserts that the plaintiff is jointly and severally liable to pay the above loans of KRW 10,000,000 and damages for delay to the plaintiff, since the defendants are between husband and wife.

C. (1) According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff the agreed interest rate of KRW 10,000,000 as well as the agreed interest rate of KRW 18% per annum from March 23, 2014 to the date of full payment.

However, it is not sufficient to recognize that Defendant D is jointly and severally liable for the payment of the above loan with Defendant C by the written evidence No. 4, and there is no other evidence to acknowledge it, and the Plaintiff’s above assertion against Defendant D is not acceptable.

(2) The Defendants asserted that all principal and interest of the above loan were repaid, but it is not sufficient to acknowledge the above only with the statement of No. 1, and there is no other evidence to acknowledge it, and the above assertion by the Defendants is rejected.

2. Determination on the claim in KRW 18,440,00

A. The plaintiff asserts as follows.

On July 20, 2015, the Plaintiff organized a total of KRW 10,000 per month for which KRW 10,000,000 is paid in accordance with the order of payment on July 31, 2015. Defendant C received KRW 10,000,000 each month as of July 31, 2015, and paid KRW 684,000 each month as of August 31, 2015, and paid KRW 10,000 each month as the payment amount.

However, Defendant C did not pay KRW 9,548,00 in seven times of payment of the said accounts.

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