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(영문) 수원지방법원성남지원 2015.08.28 2014가합9041
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from November 1, 2014 to August 28, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the mother of the plaintiff, and C is the husband of the defendant.

The loan interest on the date of lending KRW 20,00,000 on March 22, 2010, but changed to 1.5% per month on April 8, 2010, KRW 30,000 on May 19, 2010, KRW 40,000 on July 30, 200 on July 16, 2010, KRW 50,000 on August 40, 2010, KRW 60 on October 10, 200 on August 27, 2010.

B. The Plaintiff lent to the Defendant the entire amount (hereinafter “instant loan”) as indicated below.

C. From April 20, 2010 to July 30, 2013, the Defendant paid a total of KRW 63.2 million to the Plaintiff.

C, the husband of the Defendant, paid each of the Plaintiff KRW 50 million on October 4, 2013, and KRW 30 million on September 26, 2014 (hereinafter “instant repayment”).

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. On October 4, 2013, the gist of the Plaintiff’s assertion that C paid on behalf of the Defendant was appropriated for KRW 36.6 million as interest and KRW 13.4 million as interest on the instant loan. On September 26, 2014, KRW 30 million was appropriated for KRW 24,189,000 as interest on the instant loan and KRW 5,81,000 as interest and KRW 5,81,000 as interest.

Therefore, the defendant is obligated to pay to the plaintiff 140,789,000 won of the loan balance of this case and damages for delay.

B. The gist of the Defendant’s assertion C, on behalf of the Defendant, agreed to settle the Plaintiff and the instant loan amounting to KRW 100,000,000 (hereinafter “instant agreement”), except for the interest accrued in the past, and accordingly, repaid KRW 80,000 to the Plaintiff.

3. Determination

A. As seen earlier, C repaid KRW 80 million to the Plaintiff on behalf of the Defendant. In full view of the witness C’s partial testimony and the purport of the entire pleadings as a result of the Plaintiff’s personal examination, the Plaintiff met several times in order to resolve the issue of the loan between C and the instant case around September 2013, and around that time, C paid a total of KRW 10 million to the Plaintiff, including KRW 50 million around October 2013, and KRW 50 million around October 2014.

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