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Reasons
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(영문) 서울북부지방법원 2015.03.25 2014가단25211
대여금
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1. The Defendant’s annual interest in KRW 109,137,052 and KRW 95,082,191 among the Plaintiff, from March 24, 2012 to December 17, 2014.

Reasons

1. Facts of recognition;

A. On May 26, 2009, the Defendant agreed to borrow KRW 100 million to the Plaintiff in order to use it for the fund for the construction project of the apartment complex C in the racing-si, but the repayment date was 100 days after the date of repayment, and the Defendant agreed to apply the interest rate to the Plaintiff as a whole.

B. On May 26, 2009, the Plaintiff loaned KRW 100 million to the Defendant a loan from a financial institution under the Plaintiff’s name as a collateral in accordance with the agreement.

C. The Defendant repaid to the Plaintiff KRW 5 million on May 30, 2009, and KRW 2 million on March 23, 2012, respectively.

The interest rate applied to the money loaned by the Plaintiff from financial institutions is 6.01% per annum, 6.09% per annum, and 6.49% per annum.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 8, the purport of the whole pleading

2. The assertion and judgment

A. According to the facts found in the judgment as to the cause of the claim, since the Defendant borrowed KRW 100 million to the Plaintiff on May 30, 2009, and KRW 2 million on March 23, 2012, the Defendant, except in extenuating circumstances, has repaid to the Plaintiff KRW 109,137,052 (the interest rate shall be calculated from the interest, but the interest rate shall be 6% per annum as claimed by the Plaintiff as the interest rate of the financial institution to which the Plaintiff was loaned under the agreement) and the interest remaining after appropriating KRW 109,137,052 (the interest rate shall be 95,082,191, KRW 14,054,861) and the interest of KRW 95,082,191, the loan principal shall be 200,000,0000 from March 24, 2012, which is 200,000 per annum 50,000.

5. 30. 82,191 won (10 million won x 0.06 x 5/365) for the principal of KRW 4,917,809 after appropriation for interest, KRW 95,082,191, KRW 95,01 on March 23, 2012, KRW 200,054,861 ( KRW 95,082,191 x 0.06 x 298/365) for the interest remaining after appropriation for interest.

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