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(영문) 창원지방법원마산지원 2017.09.28 2017가단1052
대여금
Text

1. The defendant shall pay to the plaintiff KRW 51,090,225 and the amount of KRW 13,503,871 among them, from July 1, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that, from May 26, 2010 to April 3, 2011, the Plaintiff loaned a total of KRW 40 million to the Defendant and received a funding contract that is to receive interest calculated at the rate of 30% per annum from January 1, 2012 to June 30, 2014, the Defendant claimed that the agreement was paid to the Plaintiff a total of KRW 29 million from January 1, 2012 to June 30, 2014, and that the agreement was paid a total of KRW 40 million and KRW 40 million from July 1, 2014 to KRW 30% per annum. Thus, the Plaintiff asserts that the agreement was filed at the rate of interest rate of KRW 40 million as well as the agreed interest rate of KRW 40 million from July 1, 2014 to the day of full payment.

B. 1) The Plaintiff loaned a total of KRW 40 million to the Defendant on May 26, 2010, KRW 5 million, KRW 25 million on February 24, 2011, and KRW 10 million on April 3, 2011. (2) The Plaintiff received two copies of the Fund Investment Contract from the Defendant on January 1, 2012, and agreed to receive two copies of the Fund Investment Contract paid by the Plaintiff to the Defendant on January 1, 2012, the Plaintiff was paid interest at the rate of KRW 40 million on February 5, 2010 (two million per annum) and the period of its investment shall be 12 months, and the said contract shall have the same effect as the loan certificate.

[Reasons for Recognition] Class A, Nos. 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

C. According to the above facts of recognition, the Plaintiff agreed to pay the Defendant a total of KRW 40 million with the intent of lending, and to receive the interest rate of KRW 30% per annum. Thus, the Defendant is obliged to pay the Plaintiff interest at the rate of KRW 40 million per annum from January 1, 2012 to the date of full payment.

The Plaintiff and the Defendant agreed on the investment period for 12 months in preparing the said monetary investment contract, but in the loan for consumption, even if there was no interest agreement after the due date, they would pay the original agreed interest even after the due date expires, unless there is a special declaration of intention.

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