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(영문) 서울동부지방법원 2018.02.09 2016가단18501
대여금
Text

1. The Defendant: (a) KRW 25,550,000 and KRW 25,000 among the Plaintiff, respectively, KRW 24% per annum from April 11, 2015 to October 10, 2017.

Reasons

1. Basic facts

A. On June 11, 2013, the Plaintiff remitted KRW 24,500,00 to the Defendant’s bank account. The Defendant paid the Plaintiff KRW 500,000 each month from July 10, 2013 to October 17, 2014, KRW 250,000 on December 18, 2014, KRW 20,000 on January 3, 2015, KRW 50,00 on January 22, 2015, KRW 50,000 on February 17, 2015, and KRW 50,000 on March 17, 2015, KRW 9,50,000 on the aggregate.

B. On June 11, 2013, the Defendant entered into a mortgage agreement with the Plaintiff and C on the establishment of a reinforced concrete building No. 203, 201, 201, 205.1254 square meters of reinforced concrete No. 203, 201, 201, Seo-gu, Incheon, which is owned by the Defendant, with the purport of setting up a collateral security right to the Defendant. On the same day, the Defendant completed the registration of the establishment of a collateral security right with the Plaintiff and C, as the receipt of June 11, 2013, with respect to the said real estate,

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1, 2, and 8, testimony of witness E and purport of whole pleadings

2. According to the above findings of determination, the Plaintiff entered into a loan agreement with the Defendant on June 11, 2013 to grant a loan of KRW 25 million at an interest rate of 2% per month, and paid KRW 24.5 million, excluding the pre-paid interest of KRW 500,000 on the same day. Meanwhile, the Defendant may recognize the fact that he/she remitted KRW 9,950,000 as monthly interest from July 10, 2013 to March 17, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest and delay damages calculated by applying the agreed interest rate of 24% per annum from April 11, 2015 to October 10, 2017 and the rate of 15% per annum from the next day to the date of full payment as to the principal amount of 2,550,000 won and the interest rate of 5,500,000 won not paid until April 10, 2015.

The defendant alleged to the effect that he paid a sum of KRW 12.9 million to the plaintiff from July 10, 2013 to December 18, 2014. However, the defendant's argument to the effect that he paid the principal and interest to the plaintiff beyond the extent recognized earlier is all submitted by the defendant.

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