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(영문) 대구지방법원 2019.11.01 2019가단123523
대여금
Text

1. The defendant shall pay to the plaintiff KRW 35,276,438 and KRW 22,00,000 among them, from June 12, 2019 to the day of full payment.

Reasons

1. The plaintiff's assertion

A. On July 22, 2016, the Plaintiff loaned KRW 22,000,000 to the Defendant with interest of KRW 500,000 per month, and KRW 22,00,000 per month on July 23, 2016, and KRW 8,700,000 on August 26, 2016, and KRW 1,300,000 on September 24, 2016.

B. However, the Defendant did not comply with the Plaintiff’s demand to repay the principal and interest of the above borrowed amount, in addition to paying interest at interest, around September 2016, KRW 500,000, and KRW 100,000 thereafter, four times thereafter.

C. Therefore, the Defendant is obligated to pay the Plaintiff the interest amounting to KRW 14,213,698 and the principal amounting to KRW 22,00,00,00, calculated at the rate of 24% per annum pursuant to the highest interest rate under the Interest Limitation Act from September 1, 2016 to May 31, 2019.

2. According to the evidence No. 1 to No. 3 of the board A, the facts alleged by the Plaintiff can be acknowledged.

Therefore, the defendant is obligated to pay to the plaintiff 35,276,438 won and 22,000,000 won among them at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 12, 2019 to the day of full payment, which is the day following the delivery date of a duplicate of the complaint of this case (payment order).

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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