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(영문) 수원지방법원안양지원 2019.06.14 2019가단102626
대여금
Text

1. The Defendant shall pay 10 million won to the Plaintiff the annual interest rate of 15% from January 23, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 16, 2018, the Plaintiff lent KRW 150 million to the Defendant.

B. However, the Plaintiff received only KRW 6 million as principal from the Defendant, among the above loans, until now.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 3, purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 144 million and the amount of money calculated by the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 23, 2019 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

B. As to this, the Defendant alleged that the Plaintiff and the Defendant agreed that “the above loans shall be repaid in installments, and the monthly interest shall be paid,” but the evidence submitted by the Defendant alone is insufficient to recognize the fact that there was a clear agreement between the Plaintiff and the Defendant as to when and when the above loans should be repaid in installments, and when the interest should be paid in installments, etc., and there is no other evidence to acknowledge it, the above argument by the Defendant is without merit.

3. In conclusion, the plaintiff's claim of this case is partially reasonable within the scope of the above recognition, and it is so decided as per Disposition.

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