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(영문) 서울서부지방법원 2018.10.05 2017가단223326
대여금
Text

1. The Defendant calculated 5,500,000 won with respect to the Plaintiff and 15% of the total amount from June 14, 2017 to the date of full payment.

Reasons

1. Facts that form the basis thereof;

A. On April 21, 2015, the Plaintiff lent KRW 10,000,000 to the Defendant on April 21, 2015, KRW 40,000,000 on the 30th of the same month, and KRW 3,50,000 on May 29, 2015.

B. As of September 30, 2015, the Plaintiff sold the amount of Bohioning expenses to the Defendant, the Plaintiff did not receive KRW 2,500,000 out of the remainder of the sales amount of Bohioning expenses.

C. On May 7, 2016, the Defendant determined that the amount to be paid in transactions, such as money, etc. between the Plaintiff and the Plaintiff remains in total of KRW 53,50,000, KRW 2500,000, and KRW 2,000,000, not paid interest, and KRW 58,000,000, the Defendant prepared a loan certificate with the content that the interest rate is KRW 58,000,000, as the loan principal, interest rate is KRW 50,000, and the due date is May 8, 2017.

Since then, the Defendant paid interest to the Plaintiff for the period of January 7, 2017, but the subsequent payment of interest was in arrears; KRW 1,500,000 on March 10, 2017; KRW 500,000 on March 14, 201; and

4. 15. 15. 1,800,000 won and 200,000 won on the 17. of the same month are only repaid.

[Reasons for Recognition] The fact that the plaintiff is a person, the absence of dispute, each entry in Gap evidence 1 through 9, and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Defendant alleged to the Plaintiff shall pay the Plaintiff KRW 58,00,000 according to the agreement on May 7, 2016 and the damages for delay from the day following the delivery date of the copy of the instant complaint.

B. The facts established above are as follows. The Defendant’s payment to the Plaintiff on March 10, 2017 to the Plaintiff amounting to KRW 1,500,000.

4. Of KRW 1,800,000 paid in 15.10,000, the sum of KRW 1,000,000 for each month and KRW 5,00,000 for interest paid in excess of KRW 500,00 for each month and KRW 1,800,000 for each month, and KRW 500,000 for the amount paid in the 14th day of the same month and KRW 200,000 for the amount paid in the 17th day of the same month shall be deemed to be all the principal payment. In addition, it shall be deemed that the Defendant shall be deemed to have all the Plaintiff’s payment of KRW 58,00,000 for the agreed amount.

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