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(영문) 대구지방법원 경주지원 2021.02.02 2020가단424
대여금
Text

1. The defendant shall pay 150,200,000 won to the plaintiff and 100,000,000 won from November 1, 202 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs 1 through 3 of this Article, Eul evidence of subparagraph 1 through 5 of this Article (including each number with several numbers; hereinafter the same shall apply), the whole purport of the pleadings, the Plaintiff’s loans to the Defendant amounting to KRW 110 million on December 8, 2016 (transfer toC account), KRW 50 million on January 13, 2017 (transfer to D account), KRW 30 million on March 13, 2017 (transfer to C account), KRW 10 million on April 27, 2017, KRW 10 million on loan, KRW 10 million on April 30, 2018, KRW 200 million on the aggregate of the loans KRW 110 million on April 11, 2016, KRW 400,000,000,000,000 among the above loans, KRW 1.5 billion on April 30, 2016.

According to the above facts of recognition, the Plaintiff has the principal claim of KRW 50 million as of January 13, 2017, the principal amount of KRW 50 million as of April 27, 2017, and the principal claim of KRW 100 million as of April 27, 2017 against the Defendant.

B. In full view of the purport of Gap evidence Nos. 2 and Eul evidence Nos. 5, and the purport of the entire pleadings, it is recognized that the Plaintiff’s loans of KRW 100 million to the Defendant at KRW 1.5% per month was paid to the Defendant. The Defendant paid to the Plaintiff KRW 4.6 million per month from May 10, 2017, KRW 4.65 million from July 10, 2017 to December 11, 2017, respectively.

The following circumstances, which are acknowledged by comprehensively taking account of the facts of recognition and the aforementioned evidence and the purport of the entire pleadings, namely, there is no direct evidence that the interest was determined at 1.5% per month when excluding KRW 100 million from each of the above loans between the Plaintiff and the Defendant, but normally, the interest is set at the same rate in the case of multiple loans between individuals in a monetary lending relationship. The Plaintiff borrowed KRW 20 million in cash to the Defendant around the end of March 2017, other than each of the above loans, and received changes in the amount around January 2018. The above loans amounted to a maximum of KRW 310 million (= KRW 110 million).

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