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(영문) 의정부지방법원고양지원 2016.07.26 2016가단2058
대여금
Text

1. The defendant shall pay to the plaintiff KRW 3,259,972 and KRW 25,00,000 among them, from January 10, 200 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff loaned to the Defendant a total of KRW 25 million on August 27, 2002, KRW 5 million, KRW 3 million on October 31, 2002, and KRW 25 million on March 16, 2007. (2) The Defendant borrowed KRW 25 million to the Plaintiff on March 16, 2007, “The date of repayment shall be KRW 5 million until April 5, 2007, and the remainder shall be repaid in full by adding interest interest rate of KRW 5 million until April 30, 207 (hereinafter “the instant loan certificate”). The Plaintiff prepared a loan certificate stating that “I will make a full repayment by 00,000 won on August 27, 2007,” and written a written repayment statement stating that “I will make a full repayment by 00,000 won on August 27, 2007,” respectively.

3) The Defendant repaid to the Plaintiff KRW 6 million on December 21, 2007, KRW 3 million, KRW 2 million on November 14, 2008, KRW 500,000 on December 22, 2008, and KRW 500,000 on January 9, 2009. [No. 1-5 of the evidence for recognition, and the purport of the entire pleadings]

B. According to the above facts, the defendant is obligated to pay to the plaintiff 25 million won and 5 million won among them with interest rate of 40% per annum from April 6, 2007 (the next day of the due date of repayment since the loan certificate of this case to repay 5 million won from April 5, 2007) and 20 million won from March 16, 2007 (the date the loan certificate of this case to 20 million won plus interest rate of 5% per annum from March 29, 2007 (the date the loan certificate of this case was made up with interest rate of 20 million won) until June 29, 2007 (the date the loan certificate of this case was enacted by Act No. 8322, Mar. 29, 2007); the plaintiff is obligated to pay interest rate of 20% per annum 40% per annum (the agreement of this case to limit interest rate of 60% per annum 160% per annum) (amended by Presidential Decree No. 2141614.

On the other hand, the defendant.

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