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(영문) 수원지방법원 2020.06.18 2019가합1827
대여금
Text

The defendant shall pay 24,358,000 won to the plaintiff and 15% per annum from September 3, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff lent money to the Defendant on October 31, 201, including lending KRW 80,000,000 to the Defendant. However, as the Defendant failed to repay the loan properly, the Plaintiff agreed to receive interest calculated at the rate of 16% per annum on the loan from the Defendant and received interest.

B. As of July 4, 2015, the Defendant’s unpaid principal to the Plaintiff is KRW 140,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to the cause of the claim, the Defendant shall recognize the Plaintiff’s obligation to pay interest of KRW 224,358,00 in total [i] (ii) the principal of outstanding loan as of July 4, 2015 (2) interest of KRW 72,790,000 from July 5, 2015 to October 4, 2018; (iii) interest of KRW 72,846,027 as of July 5, 2015 to October 4, 2018 [this amount of KRW 140,00,000 x interest rate of KRW 160,000 x annual interest rate of KRW 140,000 x 160,000 x (365 days) annual interest rate of KRW 10,500 x 10,510,000 during the above period of 50,018.

B. The defendant's assertion is alleged to have agreed with the plaintiff that if the principal and interest accrued until the year 2017 were to be paid to the plaintiff, the remainder of the loan shall be paid to the plaintiff. However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is without merit.

C. If so, the defendant seeks the plaintiff.

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