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(영문) 서울동부지방법원 2014.08.28 2014가합102423
대여금
Text

1. As to the Plaintiff KRW 200,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 100,000 from December 9, 2005, and KRW 100,00,000.

Reasons

On September 8, 2004, the Plaintiff loaned KRW 100,000,00 to the Defendant at interest rate of 2% (24% per annum) (hereinafter “instant one loan”). ② On December 6, 2004, the Plaintiff set KRW 100,000 to the Defendant at interest rate of 2% (24% per annum) (hereinafter “instant two loans”).

The Plaintiff received interest from the Defendant until December 9, 2005 on the instant loan from the Defendant and received interest on the instant loan from December 7, 2005 respectively.

The fact that the copy of the complaint of this case, stating the Plaintiff’s expression of intent to seek the payment of each of the loans of this case, reaches the Defendant on June 25, 2014 is apparent in the record.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest rate of 24% per annum from December 10, 2005 to the day of full payment, which is the day following the date of the payment of the first loan of this case and the final interest rate of 100,000,000 won (the Plaintiff is obligated to pay the interest rate of 24% per annum from December 10, 2005 to the day of full payment (the Plaintiff is obligated to pay the interest rate of December 9, 2005 as to the first loan of this case as well as the agreed interest rate of December 9, 2005. However, the Plaintiff was paid the interest rate of the first loan of this case until December 9, 2005. Thus, this part of the claim is without merit). ② The Plaintiff is obligated to pay the agreed interest rate of 100,000,000 won for the second loan of this case as well as the final interest rate of 24% from December 9, 2005.

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

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