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(영문) 서울동부지방법원 2014.12.05 2014가단46366
대여금
Text

1. The Defendant: KRW 20,591,095 for the Plaintiff and KRW 5% per annum from July 23, 2014 to December 5, 2014.

Reasons

According to Gap's reasoning of the judgment as to the cause of the claim, the defendant, on August 16, 201, set forth the plaintiff as KRW 15 million, monthly interest KRW 300,000, and due date for repayment until November 30, 201.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 15 million won and interest thereon at the rate of 30,000 won per month from August 16, 2011 to the day of full payment. If the debtor delays the performance of the interest already accrued, the defendant can claim damages for delay of the interest (see, e.g., Supreme Court Decision 96Da25302, Sept. 20, 1996). As requested by the plaintiff, the defendant is obligated to pay damages for delay at the rate of 20,420,000 won, including the principal amount of 15 million won and the 31-month interest thereon (300,000 won x 31 months) and 9,200,000 won per annum from the day following the delivery date of the complaint of this case to the day of full payment, as requested by the plaintiff.

As to the defendant's assertion, the defendant argues that the amount actually borrowed from the plaintiff was only KRW 9 million, and that the loan was made up and made up a false loan certificate of KRW 15 million (A 1) at the plaintiff's request. Thus, according to the statement in the Bail and Eul 1, the plaintiff remitted the amount to the defendant on December 2, 2009 as shown in the following table. The defendant paid interest of KRW 9 million to the plaintiff on February 3, 2010, KRW 300,000,000 on March 4, 2010, KRW 300,000,000 won on April 1, 2010, KRW 12 million on May 3, 2010, and KRW 200,000 on May 3, 2010, it is insufficient to recognize that the above loan was made differently by the plaintiff on February 29, 2010.

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