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Reasons
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(영문) 춘천지방법원원주지원 2020.01.15 2019가단53084
대여금
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1. The Defendant’s KRW 37,251,376 to the Plaintiff, as well as 5% per annum from March 16, 2019 to January 15, 2020.

Reasons

1. Basic facts

A. The Plaintiff respectively lent KRW 50 million to the Defendant on September 22, 2016, KRW 50 million, KRW 50 million on December 1, 2016, and KRW 30 million on July 16, 2017.

B. In order to repay the borrowed money from the Plaintiff, the Defendant paid a total of KRW 190 million to the Plaintiff as follows.

Serial 20,00,000 on December 26, 2016; 30,00,000 on September 12, 2017; 20,000 on January 26, 2017; 3,00,00,00 on January 26, 20, 20, 30,00 on March 28, 2017; 3,00,00,00 on June 3, 20, 200, 00 on June 11, 2018; 10,000,00 on June 6, 20, 200, 10,000, 30,000 on June 6, 20, 200, 300,00 on the overall pleadings of 30,000 on April 6, 300, 2004;

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The Plaintiff additionally lent to the Defendant the additional loan amounting to KRW 40 million on November 16, 2017, KRW 15 million on November 17, 2017, and KRW 8 million on December 23, 2018, respectively. (2) The additional loan amounting to KRW 3% on September 22, 2016 of the Interest Agreement and the loan amounting to December 1, 2016 from the respective date of the loan to April 30, 2017, and KRW 2% on monthly interest from the following date to December 30, 2017. The remainder of the loan amounts to excluding the loan amount as of December 23, 2018.

B. There is no additional loan except as of September 22, 2016, December 1, 2016, and July 16, 2017, purport of the Defendant’s assertion.

The loan as of September 22, 2016 and the loan as of December 1, 2016 agreed interest, but in the case of the loan as of September 22, 2016, the interest rate was zero until November 30, 2016, and the loan as of July 16, 2017 did not enter into an interest rate agreement.

3. Determination

A. As to whether to grant additional loans, according to the evidence of KRW 40 million on November 16, 2017 and KRW 55 million on the 17th day of the same month, the Plaintiff’s evidence as well as the evidence of KRW 4-2 and evidence of KRW 5 million on the 17th day of the same month, respectively, and the Plaintiff’s evidence of KRW 4-2 and KRW 5.

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