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(영문) 수원지방법원안산지원 2016.03.29 2015가단32950
차용금
Text

1. Defendant B’s interest rate of KRW 98,206,885 and KRW 48,00,000 among the Plaintiff shall be from March 23, 2016 to the date of full payment.

Reasons

1. In full view of the purport of the entire arguments as to the claims against Defendant B, the Plaintiff shall pay to the Defendant KRW 48,00,000,000 per annum from February 27, 2010 to the date of full payment, except in extenuating circumstances, on the following grounds: (a) the Plaintiff shall pay to the Defendant KRW 48,00,000 per annum and KRW 24% per annum from February 27, 2010 to the date of full payment.

The defendant asserts that there is no interest agreement.

In light of the following circumstances: (a) the Plaintiff and the Defendant’s Messenger dialogue (A) recognized interest rate; (b) the Plaintiff did not seem to have any counter-feasiblely agreed interest; (c) the Defendant finally arranged the remittances of the Defendant and recognized the Plaintiff; and (d) the amount is KRW 800,000 for several months after October 26, 2009; and (c) the interest rate for the Plaintiff’s assertion can be deemed to be 2% interest on the first loan 20,000 won; and (d) monthly interest on the subsequent loan 40,000,000 won; and (e) the amount of remittances can be deemed to be 1,00,000 won and 5,000,000 won; and (e) it is recognized that the Defendant did not properly pay the principal to the Plaintiff; and (e) it does not interfere with the Plaintiff’s assertion that part of the remitted money was insufficient for the Plaintiff to cover the interest accrued from 2017,0,00.

As of the date of closing argument, principal amounting to KRW 48,00,000 and interest amounting to KRW 69,906,885.

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