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(영문) 수원지방법원 2015.09.03 2014나39548
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. In full view of the purport of the entire pleadings as to the testimony of Gap evidence Nos. 1-3 (including additional numbers) and witness C of the party trial, the plaintiff may recognize the fact that the plaintiff set forth and lent KRW 15,000,000 to the defendant on June 9, 201 as 2% of monthly interest, and the fact that the plaintiff received reimbursement of KRW 300,000,000 from the defendant on August 1, 2011, and the fact that the plaintiff received reimbursement of KRW 3,00,000 from the defendant on November 2, 2011 is the plaintiff.

B. As to this, the Defendant recognized the fact that he received 15,00,000 won from the Plaintiff, but the Defendant urged C to pay the borrowed amount, and C to pay the borrowed amount to the Plaintiff, but C to pay the borrowed amount to the Defendant, but it merely demanded C to directly transfer the borrowed amount to the Plaintiff as the Defendant’s passbook, and there is no obligation or obligation between the original Defendant and the Defendant.

However, there is evidence No. 3 as shown in the above argument, but it is not believed in light of the testimony of the witness C at the trial, and the evidence submitted by the defendant alone is insufficient to reverse the recognition of the above lending.

C. When each of the above repayment amounts is appropriated to the principal and interest of the above loan in accordance with the order of satisfaction of performance under Article 479 of the Civil Act: (i) interest rate of KRW 15,00,000 per annum x 24% per annum x (24% per annum x November 2, 2011, which is the date of loan 147 days from June 9, 201 to the date of final repayment; (ii) interest rate was calculated as of the final date of payment as of August 1, 201, because the amount paid on August 1, 201 is insufficient to cover all the interest accrued until the same date; (iii) interest was appropriated to KRW 1,850,137; (iv) interest rate of KRW 13,149,863 as of November 2, 201; and (v) interest rate of KRW 13,149,863 as of KRW 130 per annum and interest rate per annum 130 per day following the above loan.

2. Conclusion, the plaintiff .

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