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(영문) 수원지방법원여주지원 2015.03.11 2014가단7782
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 8,652,601 and the interest rate of KRW 20% per annum from December 27, 2014 to the day of complete payment.

Reasons

1. If there is no dispute between the parties to the facts of recognition or if the purport of the entire argument is added to the statement in Gap evidence Nos. 1 through 8, the plaintiff made a loan to the defendant on April 25, 2013 at the interest rate of 6% per annum on April 25, 2014 (hereinafter referred to as "first loan"). Around 2013, the plaintiff extended a loan to the defendant around October 2013 without the interest rate of KRW 5 million (hereinafter referred to as "second loan"), with respect to the difference of KRW 6 million paid by the defendant to the defendant on December 31, 2013 (hereinafter referred to as "the second loan"), the defendant agreed to pay to the plaintiff up to December 26, 2014, which continued to exist in the lawsuit of this case, and the fact that the loan was not sufficient to recognize each of the above evidence No. 30 million won to the plaintiff.

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the remaining money after appropriating the Defendant’s repayment amount from the total sum of principal and interest of each of the above loans to the Plaintiff on December 26, 2014.

B. (i) there was an agreement between the Plaintiff and the Defendant on the satisfaction of the obligation on December 26, 2014 with respect to the satisfaction of the obligation as of December 26, 2014

Unless there is any assertion as to the fact that the plaintiff or the plaintiff designated the defendant as to the appropriation for performance, the payment shall be appropriated for the repayment of the claim according to the method of statutory appropriation.

D. In the end, according to Articles 479(1) and 477(2) of the Civil Act, the repayment amount should be appropriated in the order of the principal of the loan, interest and delay damages on the loan No. 1, interest on the loan No. 2, and delay damages on the loan, and the principal of each loan. Accordingly, it is clear that the repayment amount will remain as of December 26, 2014, as of December 26, 2014, as stated in the calculation statement of the amount appropriated.

C. Accordingly, the Defendant’s lawsuit promotion, etc. against KRW 8,652,601 and the Plaintiff’s aforementioned costs from December 27, 2014 to the date of full payment.

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