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(영문) 서울북부지방법원 2016.07.14 2015가단44714
대여금
Text

1. The Defendant’s KRW 19,890,487 as well as the Plaintiff’s annual rate from August 14, 2007 to July 14, 2016.

Reasons

1. The plaintiff asserted that the plaintiff lent to the defendant a total of KRW 20 million around November 2003, and KRW 60 million around January 4, 2005, and agreed on November 4, 2005 to pay interest at 36% per annum between the defendant and the defendant on May 2005. The plaintiff agreed to receive payment from the defendant on November 25, 2005; KRW 8,560,000 on December 6, 29, 200; KRW 5,744,00 on December 29, 200; KRW 5,810,000 on January 206; and the same year.

8. 21.8,120,000 won, April 23, 2007, and the same year;

6. 25.18,375,000 won, and the same year.

8. 11,710,000 won received each payment and made it in the order of payment of interest and principal as stated in the annexed sheet, the Defendant is obligated to pay the remainder of the loan to the Plaintiff and the interest.

2. Determination

A. In full view of the purport of the entire arguments in the statements in subparagraphs 1 and 3 above, the plaintiff lent 2 million won to the defendant on Nov. 25, 2003, and 60 million won on Nov. 4, 2005, and agreed to receive interest calculated on Nov. 31, 2005 between the defendant and the defendant on Nov. 4, 2005, and the interest calculated on Nov. 25, 2005; thereafter, the amount of KRW 80 million from the defendant on Nov. 25, 2005; and thereafter, the amount of KRW 6,744,00 won on Dec. 29, 200; and the amount of KRW 560,00 on Nov. 25, 200; and the amount of KRW 5,810,000 on Jan. 206; and

8. 21.8,120,000 won, April 23, 2007, and the same year;

6. 25.18,375,000 won, and the same year.

8. 11,710,000 won can be recognized as having received each payment. If the above amount is appropriated in the order of interest and principal as stated in the attached calculation sheet for satisfaction of performance, the defendant is obligated to pay to the plaintiff the interest at the rate of 19,890,487 won and the remaining principal of the loan from August 14, 2007 to July 14, 2016, which is the date of this decision, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's above assertion is with merit within the scope of the above recognition.

It is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on the interest rate of 36% per annum on the sole basis of the descriptions of evidence Nos. 1 through 3.

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