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(영문) 광주지방법원 2019.05.31 2018가단520163
대여금
Text

1. As to KRW 152,00,000 and KRW 90,000 among them, the Defendant shall pay to the Plaintiff the year from June 5, 2018 to April 26, 2019.

Reasons

1. Facts of recognition;

A. On May 31, 2013, the Plaintiff lent a loan to the Defendant’s creditor C by means of repaying KRW 90,000,000 on behalf of the Defendant at the Defendant’s request.

B. On September 13, 2016, the Plaintiff: (a) determined and lent KRW 80,000,000 as business funds to the Defendant on October 13, 2016 as the maturity date for payment; and (b) on October 13, 2016 as the 15% per month.

Since then, the Plaintiff received reimbursement of KRW 18,000,000 in total from the Defendant’s wife D’s account on October 13, 2016 and KRW 18,000,000 in total on November 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. Determination

A. As to the claim on May 31, 2013, the Plaintiff agreed to pay interest of 15% per annum on May 31, 2013 by lending KRW 90,000,000 to the Defendant on May 31, 2013. Thus, the Defendant asserts that the Plaintiff shall be paid interest of 90,000,000 and interest rate of 15% per annum from June 1, 2013 to the date of full payment. There is no evidence suggesting that there was an interest agreement between the Plaintiff and the Defendant on 15% per annum, and there is no evidence suggesting that there was an agreement between the Plaintiff and the Defendant on 15% per annum, and the Defendant is obligated to pay the Plaintiff damages for delay from the next day of the instant complaint delivery date to the date of full payment, and the Plaintiff’s remaining interest claim is rejected as to the Plaintiff’s remaining interest rate of KRW 160,000,000 per annum from June 1, 2016.

3. The Plaintiff, upon the Defendant’s request on July 30, 2013, lent the amount of KRW 10,000,000 to the Defendant E without setting the interest rate to the Defendant in a manner that pays KRW 10,00,000 to the Defendant’s obligee E, which is determined on July 30, 2013.

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