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(영문) 대전지방법원 2015.11.19 2015가단5375
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 9,060,000 and the interest rate of KRW 10% per annum from October 15, 2014 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 8, 9, and 10, the plaintiff lent KRW 90,110,000 to the defendant, including lending KRW 3 million to the defendant on January 28, 2002. The plaintiff and the defendant agreed to pay the loan immediately upon the plaintiff's request for payment of the loan amounting to 10% per annum.

Meanwhile, the Plaintiff itself acknowledges that the Plaintiff received reimbursement of KRW 5,650,00,00 as stated in [Attachment 75,400,000, as stated in [Attachment 1] and [Attachment 1].”

According to the above facts in this case where the plaintiff asserts that he did not repay the loan to the defendant in spite of his payment of the loan, the defendant is obligated to pay the loan amount of KRW 9,060,000 ( KRW 90,110,000 - KRW 75,400,000 - KRW 5,650,000 - 5,650,000) and the amount calculated at the rate of 10% per annum from October 15, 2014 to the date of full payment, which is the day following the defendant's final interest payment date.

The defendant alleged that he paid all the borrowed money to the plaintiff, but there is no evidence to prove that the defendant paid the borrowed principal to the plaintiff in addition to the money that the plaintiff received from the defendant.

According to the above evidence, the portion of the Defendant’s repayment other than the portion of the Plaintiff’s principal is deemed to have been paid as the interest on the loan.

Therefore, this part of the defendant's argument is without merit.

Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit.

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