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(영문) 인천지방법원 2016.11.24 2015가단47593
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,934,211 to the Plaintiff (Counterclaim Defendant) and its related amount from January 8, 2015 to July 30, 2015.

Reasons

In full view of the purport of the entire argument in the statement in Gap evidence Nos. 1 and 4 as to the plaintiff's claim, the fact that the plaintiff set on December 13, 2009 as interest rate of KRW 62 million to the defendant on December 13, 2009 (Article 1 of the attached Form No. 1 of the amount of principal and interest), and the plaintiff from January 27, 2010 to the same year.

6. The fact that the principal and interest on a loan of KRW 15 million has been lent six times until December 2, 201 (the principal and interest on the loan of KRW 15 million). The fact that the Plaintiff loaned money by setting the amount of 1.1% per interest month between June 201 and December 2014 (the details of the loan of KRW 3-A and (b)), and the fact that the amount of the principal and interest remaining as a result of the Plaintiff’s repayment of payment to the interest first on January 7, 2015, as shown in paragraph (4) of the attached Table as at January 7, 2015.

Thus, the defendant is obligated to pay to the plaintiff 16,934,211 won as well as damages for delay at the rate of 13.2% per annum from January 8, 2015 to July 30, 2015, the service date of the original copy of the payment order in this case, and at the rate of 15% per annum from the next day to the day of full payment.

The grounds for determining the defendant's counterclaim claim shall be as specified in attached Form "the grounds for counterclaim claim."

The statement Nos. 1 and 2 of Eul alone is insufficient to recognize the defendant's assertion, and there is no other evidence of the defendant.

Therefore, the defendant's argument is without merit.

The plaintiff's main claim is accepted, and the defendant's counterclaim is not accepted.

It is so decided as per Disposition.

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