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(영문) 대전지방법원 2020.07.08 2019가합100459
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 450,000,000 and KRW 300,000,000 among them, from February 8, 2018.

Reasons

1. Determination as to the cause of claim

A. Each statement in Gap evidence Nos. 1 through 5 (including the number of branch numbers; hereinafter the same shall apply) added the purport of the whole pleadings. ① On October 31, 2008, the plaintiff as a company conducting loan business, etc., the plaintiff changed the period of repayment to the defendant B on December 11, 2008, and on March 31, 2009, the period of repayment was set to be March 31, 2009, and was changed to December 11, 2008.

At the time of loan transaction contract, interest rate of 26.4% per annum and interest rate of 49% per annum was set at 66% per annum, and a 49% per annum was changed by preparing a notarial deed of cash loan contract.

Defendant C lent the above loan to the Plaintiff on August 15, 2016; ② Defendant B asserted that the total amount of KRW 118,351,376 was the total amount of KRW 118,351,376 repaid by Defendant B on March 14, 2019; and Defendant B also asserted the same in the written reply dated February 10, 2020.

However, the Plaintiff’s total amount of repayment indicated in the calculation table attached to the Plaintiff’s application on February 26, 2019 to be KRW 129,271,376, and the total amount of repayment indicated in the second page of the above application is the amount of KRW 132,851,376 (109,851,376, the amount of repayment to be made from May 10, 201 to October 26, 2010).

The fact that the repayment was made, ③ on February 7, 2018, the amount repaid by Defendant B to the Plaintiff as of February 7, 2018, including the overdue interest remaining after being appropriated for part of the interest according to the statutory appropriation of performance, is recognized that the total amount of the loans exceeds KRW

B. According to the above facts of recognition, the Defendants are jointly and severally registered with the Plaintiff, and with respect to KRW 450,000,000, which the Plaintiff seeks as a partial claim, and the leased principal of KRW 300,000,000 from February 8, 2018 to the date of complete payment.

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