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(영문) 춘천지방법원영월지원 2020.08.27 2020가합10154
대여금
Text

1. Defendant C’s KRW 229,054,738 as well as KRW 4.8% per annum from February 26, 2019 to February 12, 2020.

Reasons

Comprehensively taking account of the facts without dispute over Defendant C’s claim and the purport of the entire argument in each of the evidence set forth in subparagraph 1 (including the serial number; hereinafter the same shall apply), Defendant C borrowed the loan of KRW 50,000,000 from the Plaintiff on June 14, 2016, KRW 50,000,000 on June 17, 2016, KRW 100,000 on July 14, 2016, KRW 50,000 on September 1, 2016, KRW 50,000,000 on interest basis, and the loan of KRW 2,00,000 on KRW 1,00,000 on KRW 10,000, KRW 100,000 on 10,000 on 14,000 on 200, 208, 2008.

According to the above facts of recognition, Defendant C is obligated to pay KRW 250,000,00 to the Plaintiff, except in extenuating circumstances.

As to this, Defendant C asserts that part of the Plaintiff was repaid to the Plaintiff, in full view of the purport of the entire pleadings in each of the statements in the Evidence Nos. 1 through 4, Defendant C may recognize that the Plaintiff has repaid a total of KRW 93,00,000,00 from July 11, 2016 to February 2, 2019, as shown in the attached Table No. 19. The agreed interest that the Plaintiff and the Defendant C shall pay to the Plaintiff before the preparation of the loan certificate on June 22, 2018 exceeds 25% per annum, which is the highest interest rate under the Interest Limitation Act at the time. Thus, the repayment of the above interest exceeds the above interest rate shall be deemed to have been repaid to the principal, and if the payment is made in full satisfaction, it shall be calculated as the repayment of the principal as shown in the attached Table No. 3.

Therefore, Defendant C, as the Plaintiff’s remainder of the leased principal of KRW 229,054,738 and its final repayment date, was based on the loan certificate dated February 26, 2019 that the Plaintiff sought, from February 26, 2019 to February 12, 2020, delivered the original copy of the instant payment order to Defendant C.

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