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(영문) 의정부지방법원고양지원 2016.12.01 2015가단30278
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,367,978 and the interest rate of KRW 24% per annum from February 4, 2015 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause for claim Gap's evidence Nos. 1 through 4, and Eul's evidence No. 1, the Plaintiff loaned a total of KRW 32,000,000 to the Defendant from around February 25, 2012; KRW 12,000,000 on February 15, 2012; and KRW 10,000 on February 28, 2012; and KRW 10,000,000 on April 25, 2012; the Defendant extended a loan to the Defendant from around April 25, 2012; and the Defendant extended a loan to the Plaintiff from around December 12, 2012 to around 18,00, paid the principal and interest of KRW 18,000,000 on the loan to the Plaintiff; and the Plaintiff received additional money from the Plaintiff from around 300,300; and the Defendant may receive additional money from the Defendant from the Defendant

Thus, the defendant is obligated to pay to the plaintiff 43,880,000 won (=18,000,000 won - KRW 28,880,000 - KRW 3,000,000) which the plaintiff seeks and delay damages from June 4, 2013, which is the last lease date.

2. The Defendant: (a) acknowledged that the Defendant did not pay KRW 18,000,000 out of the loans 32,000,000 as stated in the above loan certificate; and (b) presented the certificate of deposit No. 1 (the account statement) by asserting that the Defendant paid part of the loans thereafter.

Comprehensively taking account of the purport of the entire pleadings in the statement No. 1, the Defendant’s remittance of KRW 53,336,500 to the Plaintiff from December 21, 2011 to February 3, 2015 can be acknowledged.

In full view of the above facts and the Defendant’s assertion, the details of payment up to September 18, 2012, out of the above amounts, are appropriated for the repayment of KRW 32,00,000 as loans indicated in the loan certificate and the principal amount of KRW 18,00,000 remains remaining. The details of payment from June 9, 2013 to February 3, 2015, which are the details of payment, are appropriated for the repayment of interest and principal, and the Defendant’s final decision is made.

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