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(영문) 수원지방법원 2017.07.04 2016가단539973
대여금
Text

1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from January 1, 2013 to November 7, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged in light of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 4:

(1) On June 15, 2010, the Plaintiff: (a) lent KRW 60,200,000,000 to the Defendant as interest rate of KRW 1,200,000 on June 29, 2016 (hereinafter “one loan”); and (b) the Defendant repaid the interest of KRW 1,20,000 on December 12, 201; (c) on December 12, 2011, the Defendant repaid the Plaintiff KRW 50,000,000 out of the loan principal to the Plaintiff; (c) the Plaintiff lent KRW 30,000,000 to the Defendant on January 3, 2012 (hereinafter “the loan”) and paid the interest of KRW 1,20,000 on the loan amount to the Defendant (hereinafter “the loan”).

(4) The Defendant paid interest of KRW 350,000 per month from September 2012 to December 2012, but did not pay the remainder of the principal and interest of the loan.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,00,000 for loans and the amount of delay damages at each rate of KRW 15% per annum as agreed upon from January 1, 2013 to November 7, 2016, which is the delivery date of a copy of the complaint of this case, from January 1, 2013, to November 7, 2016.

2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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