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(영문) 수원지방법원여주지원 2020.10.08 2019가단59030
대여금
Text

With respect to the Plaintiff KRW 34,00,000 and KRW 1,000,00 among them, the Defendant shall pay to the Plaintiff KRW 34,000,000 from December 1, 2017, and KRW 10,000,00.

Reasons

1. Facts of recognition;

A. On May 30, 2017, the Plaintiff: (a) on May 30, 2017, leased KRW 1 million to the Defendant on May 5, 201; and (b) on November 30, 2017.

(hereinafter “instant primary loan or loan”). B.

On June 22, 2017, the Plaintiff leased KRW 8 million to the Defendant on December 5, 201 and December 20, 2017.

(hereinafter referred to as “the second loan or loan”). C.

On September 13, 2017, the Plaintiff loaned KRW 200,000,000 to the Plaintiff on December 5, 201 and December 20, 2017.

(hereinafter “instant third loan or loan”). D.

On December 1, 2017, the Plaintiff loaned KRW 23 million as interest legal interest and due date on November 30, 2018.

(hereinafter referred to as "the fourth loan or loan of this case"). 【Identification Evidence: The entries in Gap evidence 1 to 5 and the purport of the whole pleadings】

2. Judgment on the parties' arguments

A. According to the above facts as to the cause of claim, the Defendant: (a) agreed interest rate of KRW 34 million on the aggregate of the borrowed money borrowed from the Plaintiff (i.e., KRW 2 million on the second borrowed money of KRW 1 million on the third borrowed money of this case; KRW 23 million on the fourth borrowed money of this case); and (b) KRW 1 million on the first borrowed money of this case from December 1, 2017, KRW 10 million on the date following the due date; (c) as to KRW 10 million on the aggregate of the borrowed money of this case from December 21, 2017 to the date of full payment; (d) agreed interest rate of KRW 20,000 on the second borrowed money of KRW 20,000 on the second borrowed money of KRW 10,000 on the second borrowed money of this case; and (e) the Defendant’s maximum interest rate of KRW 20,000 on the second borrowed interest rate of KRW 14,2017.

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