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(영문) 부산지방법원 2018.11.23 2018가단2710
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,595,647 and the interest rate of KRW 15% per annum from January 15, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On June 30, 2010, the Plaintiff loaned KRW 50,000,00 to the Defendant at interest rate of 20% per annum and on June 30, 2011.

Amount of 1,50,00. 26. 26. 1, 2010. 1,50,000 won: 1,50,000 won on August 28, 201; 1,300,00 won on September 1, 201; 3,00,000 won on May 16, 200, 200; 1,000. 1,000; 1,000; 1,000. 3,00. 1, 200. 1,00, 200. 1, 200, 17. 1, 200, 200; 1,000 won; 1,50,000 won; and 1,00 won on August 1, 2012;

B. Meanwhile, the Plaintiff received some of the above loans from the Defendant as indicated below.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that, in the order of interest and principal, the amount equivalent to KRW 46,00,000 out of the loan remains if the plaintiff alleged that the above amount was repaid by the defendant and the amount equivalent to the interest remains. As to the defendant's waiver of interest and the claim for the payment of KRW 46,00,000 against the defendant, the defendant asserts that the principal to be repaid to the plaintiff remains to the extent of KRW 10,000.

3. Determination

A. In the event that the Plaintiff received each of the above money returned by the Defendant as a result of satisfaction of performance in the order of interest and principal under Article 479 of the Civil Act, the principal and interest of the loan remaining as of September 16, 2015, which is the date of the last appropriation of performance, is calculated as principal and interest of KRW 45,595,647, and interest of KRW 12,948,379, as shown in the [Calculation Table] as shown in

B. If so, the Defendant is liable to return the leased principal, as seen above, to the Plaintiff, the principal amounting to KRW 45,595,647, which the Plaintiff seeks, out of the loan remaining after appropriation of performance, and the Plaintiff seeks to do so.

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