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(영문) 부산지방법원 2017.04.27 2016가단49449
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,50,000 and the interest rate of KRW 15% per annum from September 8, 2016 to the day of complete payment.

Reasons

1. The facts following the facts of the recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in the statements Nos. 1 and 2, and there is no counter-proof.

(1) On August 26, 201, the Defendant borrowed KRW 50 million from the Plaintiff as of August 26, 201, setting the due date as at 15th day of each month.

B. The Plaintiff and the Defendant agreed on July 5, 2013 that the repayment period of KRW 50 million shall be until December 31, 2013, and the interest shall be 1% per month, and the interest shall be paid in lump sum at the time of repayment of the loan principal, and the amount that the Defendant paid in equal installments to the Plaintiff and the future payment shall be deducted at the time of repayment.

Article 35(1) of the Civil Act provides that the Defendant shall pay to the Plaintiff KRW 31,50,000,000 from September 24, 201 to December 31, 2013.

2. Determination

A. According to the above facts, it is reasonable to view that the Plaintiff and the Defendant agreed on July 5, 2013 to repay the principal and interest of the loan, which the Defendant paid to the Plaintiff, to the interest accrued until the principal and interest of the loan is repaid, and the remainder to the loan principal is appropriated.

Therefore, the Defendant’s repayment to the Plaintiff up to December 31, 2015 to KRW 31,50,000,000,000 (50,000 x 1% x 60 months), upon the Plaintiff’s request, shall be appropriated for the remainder of KRW 1,50,00 (31.5 million x 3,50,000) to the total interest for the period of 60 months from August 26, 2011 to August 26, 2016, which is close to the time of the filing of the instant lawsuit, and the remainder of KRW 1,50,00 (31.5 million x 3,50,00) shall be appropriated for the repayment to the Plaintiff

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the loan principal of KRW 48.5 million ( KRW 50 million-1.5 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 8, 2016 to the date of full payment, as the Plaintiff seeks.

B. The Defendant, the Defendant, and November 1, 201, shall be against the Plaintiff.

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