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Reasons
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(영문) 서울동부지방법원 2018.10.10 2018나826
대여금
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1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the amount ordered below.

Reasons

1. Facts of recognition;

A. On March 9, 2010, the Defendant borrowed KRW 10,000,00 from the Plaintiff, and prepared and delivered to the Plaintiff a certificate of borrowing KRW 10,000,000.

B. After that, the Defendant: (a) additionally borrowed KRW 10,000,000 from the Plaintiff; and (b) around April 19, 2010, prepared and delivered to the Plaintiff a certificate of borrowing KRW 10,000,000.

C. Around July 28, 2010, the Plaintiff transferred KRW 10,000,000 to the Defendant’s account.

Meanwhile, from August 17, 2010 to July 31, 2013, the Defendant transferred KRW 16,500,000 (50,000 x 33 times) in total to the Plaintiff’s account every 33 times from around August 17, 2010, and transferred KRW 15,00,000 to the Plaintiff’s account around May 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the allegations by the parties (1) The Defendant borrowed 30,000,000 won per annum from the Plaintiff as 20% per annum, and the actual interest was paid in 500,000 won per annum. The Defendant’s total amount of KRW 16,50,000 paid to the Plaintiff from August 17, 2010 to July 31, 2013 was fully appropriated for the interest accrued up to that time.

Afterward, the defendant paid 15,00,000 won to the plaintiff on May 16, 2015. If the interest accrued up to that point (11,00,000 won) and the principal (4,00,000 won) are appropriated in order, the defendant's obligation to the plaintiff as of May 16, 2015 remains the principal amount of KRW 26,00,000 (30,000,000 - 4,000,000).

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the loan amount of KRW 26,00,000 and the damages for delay from May 17, 2015.

(2) Although the Defendant borrowed a total of KRW 30,000,000 from the Plaintiff, the Defendant did not set the interest and the due date at the time.

Then, from August 17, 2010 to July 31, 2013, the Defendant repaid the principal amount of KRW 15,300,000 in installments each month to the Plaintiff, and repaid the principal amount of KRW 15,30,000 in total, and around May 16, 2015.

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