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(영문) 서울동부지방법원 2013.11.07 2012가단10165
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 94,00,000 as well as 20% per annum from March 23, 2012 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. (1) The Plaintiff loaned the sum of KRW 100 million to the Defendant B as follows.

- On December 22, 2010, KRW 20,000, KRW 50,000, KRW 50,000 on April 25, 2011, KRW 26,000 on August 26, 2011, KRW 10,000 on September 8, 2011, Defendant B paid KRW 6,000,000 on the loan principal to the Plaintiff on November 8, 201, Defendant B borrowed KRW 94,00,00,00 on the remainder of the loan principal to the Plaintiff on November 9, 201, and issued the remainder of KRW 20,000 on the loan principal to the Plaintiff with a written statement that interest should not be paid, and Defendant B will complete the loan payment.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-1-4, Gap evidence 2-2, purport of whole pleadings]

B. (1) According to the allegation and determination, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 94,000,000 as well as damages for delay calculated at the rate of 20% per annum from March 23, 2012 to the date of full payment, which is the day following the last delivery of the copy of the instant complaint, to the day of full payment.

(2) As to this, Defendant B asserts that on January 13, 201, Defendant B paid additional KRW 15,188,000 to the Plaintiff.

According to each of the statements in the evidence Nos. 1-3 and 2-1, and 2-2, Defendant B may recognize the fact that he remitted KRW 15,188,00 to the Plaintiff on January 13, 201. However, considering the overall purport of the pleadings in each of the above statements in the evidence Nos. 4 and 5, the Plaintiff remitted KRW 15,000,000 to Defendant B on October 28, 201, and Defendant B remitted KRW 375,000 to the Plaintiff on November 30, 2010, KRW 325,000 on December 29, 201, and KRW 10,500 on January 3, 201, KRW 200 on the loan interest rate of KRW 15,00 on the Plaintiff on January 3, 205, KRW 100 on each of the above facts alleged by the Plaintiff on May 1, 2005.

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