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Reasons
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(영문) 수원지방법원 여주지원 2017.02.07 2016가단3463
대여금
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1. The Defendant’s KRW 8,374,933 as well as the Plaintiff’s annual rate from May 10, 2016 to February 7, 2017.

Reasons

1. Basic facts

A. On January 7, 2013, the Plaintiff transferred KRW 20,000,00 to the Defendant as a loan, KRW 6,000,00 on April 26, 2013, KRW 10,000 on May 26, 2014, KRW 17,200,000 on March 26, 2015, and KRW 10,000 on May 11, 2015 to the Defendant as interest rate of KRW 2% on the basis of the construction price of the Plaintiff’s housing. The Plaintiff wired KRW 10,000,000 on July 10, 2014 for the construction price of the Plaintiff’s housing.

B. The Defendant paid KRW 00,00,000 to the Plaintiff on February 19, 2013; KRW 400,000 on March 14, 2013; KRW 400,00 on April 21, 2013; KRW 3,000,00 on June 22, 2013; KRW 00,00 on August 14, 2013; KRW 00,30.30,000 on March 27, 2014; KRW 0.30,00 on March 10, 200, KRW 30,00 on March 23, 2014; KRW 10,000,00 on June 310, 2014; and KRW 40,00 on May 10, 2015; and KRW 30,000 on May 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. (1) Determination on the cause of claim 1) The Plaintiff is obligated to pay the Plaintiff KRW 63,20,000,000 in total, as a loan loan, by setting the interest rate of 2% from January 7, 2013 to May 11, 2015. The Defendant paid the Plaintiff KRW 44,10,000 in total, from February 19, 2013 to March 17, 2016. The Defendant is obligated to pay the Plaintiff the remainder of the borrowed amount of KRW 40,450,00 in total, and delay damages for the remainder of the borrowed amount of KRW 40,450 in court. 2) The Plaintiff is obligated to pay the Plaintiff the remainder of the borrowed amount of KRW 63,200,000 in total, as loan interest rate of the Plaintiff from January 7, 2013 to May 11, 2015; and the Defendant was obligated to pay the Plaintiff the remainder of the borrowed amount of KRW 103,04,017.

(b) With respect to the specific scope of the obligation to pay, the following shall be considered to be followed.

The defendant's argument 1 settlement agreement concerning the defendant's argument is asserted.

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