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(영문) 수원지방법원여주지원 2019.03.27 2018가합229
대여금반환
Text

1. As to the Plaintiff KRW 450,000,000 and KRW 265,00,000 among them, the Defendant shall start on July 17, 2013, and one of them shall be 185,00.

Reasons

1. Basic facts

A. On June 17, 2013, the Plaintiff, as a credit service provider, concluded a monetary loan agreement with the Defendant on a fixed rate of KRW 450,000,000 as 2% per month, overdue interest rate of KRW 39% per annum, and due date of repayment of December 17, 2013 to lend it.

(hereinafter “instant monetary loan agreement”). B.

From June 17, 2013 to August 2, 2013, the Plaintiff paid a total of KRW 450,000 to the Defendant as follows.

The amount of 50,000,000 on June 17, 2013; 450,000,000 on June 18, 2013, June 24, 2013; 120,000,000 on June 18, 2013; 5,000,000 on July 3, 2013, 2005 on August 2, 2013; 450,000,000 on a total of 185,00,000,000 on August 2, 2013;

C. The defendant did not pay the principal and interest on the above loan to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 6, purport of whole pleadings

2. Determination

A. According to the determination as to the cause of the claim, barring any special circumstance, the Defendant shall provide the Plaintiff with the rate of 450,000,000, out of 265,000,000 (the aggregate of the amounts paid by the Plaintiff to the Defendant before July 17, 2013 demanding the commencement of the payment of interest or delay damages) from July 17, 2013; the remainder of 185,000,000 won from August 2, 2013 (the day payment was made at the above rate of 185,00,000 won) until December 17, 2013; the rate of 24% per annum (the agreed interest rate of 20,000 per annum) from each of the following day to the date of full payment (amended by Presidential Decree No. 1814, Jun. 17, 2013; Presidential Decree No. 2150, Jan. 15, 2013).

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