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(영문) 의정부지방법원 고양지원 2018.12.14 2018가합72751
대여금
Text

1. The defendant shall pay to the plaintiff KRW 100,000,000 and 2% per month from January 1, 2009 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. (1) On February 16, 2005, the Plaintiff leased KRW 100 million to the Defendant (hereinafter “instant loan”) at the maturity of May 16, 2005 and KRW 10 million per month of interest. The Plaintiff agreed with the Defendant to change the interest to 2% per month as the Defendant was unable to repay by the due date.

(2) The Defendant shall pay to the Plaintiff KRW 200 million by December 31, 2008, as the principal and interest accrued from the instant loan.

“The” has drawn up a certificate of borrowing.

(3) From May 16, 2005 to May 22, 2009, the Defendant paid a total of KRW 60 million to the Plaintiff as interest for the instant loan.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. (1) According to the above facts of recognition, interest calculated by the ratio of 2% per month to 100 million won of the loan principal of this case accrued from February 16, 2005 to December 31, 2008 is KRW 93,032,258 (=10,000,000 x 0.02 x 0.02 x 0.02 x less than 16.31 days), and the interest paid by the Defendant is KRW 60,000,000,000, and the interest balance accrued until December 31, 2008 is KRW 33,032,258.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 100 million and interest calculated by the rate of KRW 2% per month, which is the agreed interest rate from January 1, 2009 to the date of full payment.

(2) The defendant asserts that the debtor of the loan in this case is not the defendant, and that the debtor of the loan in this case is not the defendant.

However, since there is no evidence to acknowledge this, the above assertion is rejected.

2. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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