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(영문) 창원지방법원 2015.05.29 2014가단73223
대여금
Text

1. The Defendant’s KRW 51,00,000 and the Plaintiff’s annual rate from March 22, 2014 to May 29, 2015.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 80,000,000 to the Defendant on August 28, 2008, including KRW 50,000,000 on September 29, 2008, KRW 20,000 on September 29, 2008, and KRW 80,000 on December 8, 2008, with interest rate of KRW 9% per annum.

Since then, the Plaintiff loaned money to the Defendant over several occasions by setting at 2% per month interest, and the sum of which exceeds KRW 300 million including the above money, but if the amount repaid by the Defendant is appropriated to the interest and principal, the amount of the unpaid principal exceeds KRW 80,00,000.

B. The Defendant alleged that he borrowed money from the Plaintiff several occasions, but the interest was not agreed upon if he borrowed money from the Plaintiff on February 27, 2009 at the rate of 2% per month, and if he did not deduct part of the interest at the time of borrowing on February 13, 2009 and March 31, 2010.

The Defendant repaid the full amount of the borrowed money.

2. The Plaintiff and the Defendant frequently loaned money. Since the Plaintiff asserted that all of the money loaned to the Defendant was agreed to pay interest rate of 9% per annum or 2% per annum, the Plaintiff’s testimony was made by a witness C. However, the following circumstances as indicated in the oral proceedings are as follows: (i) with respect to loans made by the Defendant on February 27, 2009, the existence of a cash tea certificate (Evidence A-2) containing interest agreement on February 27, 2009, and there is no such document regarding the other date; (ii) with respect to loans made on February 27, 2009, the details of the payment of interest rate of 30,000,000 won on a regular basis after February 27, 2009 can be confirmed, while with respect to other loans made on a regular basis, it is difficult to confirm that the Plaintiff received the payment of interest rate of 600,000 won as the Plaintiff’s assertion that it was paid on a regular basis.

In other words, for example.

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