logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.12.13 2016가단5879
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from February 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 17, 2005, the Plaintiff loaned KRW 30,000,00 to the Defendant on the basis of the interest rate on April 18, 2005, and the interest rate on April 18, 2005.

The plaintiff as of February 25, 2015 for the same year

7. Around 21.21, each of the Defendant lent KRW 5,000,000 to the Defendant. In this case, there was no express agreement between the Plaintiff and the Defendant on interest.

B. The Defendant repaid to the Plaintiff the sum of KRW 26,310,000 from January 2006 to December 2015.

[Ground of recognition] A without any dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1, the purport of whole pleadings and arguments

2. As to the Plaintiff’s assertion and determination, the Plaintiff claimed for the payment of KRW 40,00,000 and damages for delay thereof to the Defendant, the Defendant asserted that the said amount should be appropriated for the principal, since the Defendant paid KRW 26,310,000 to the Plaintiff by December 2015.

In full view of the evidence as mentioned above and the purport of Gap evidence Nos. 7 through 9 (including each number), the plaintiff received a loan from a financial institution and appropriated part of the loan of this case to the plaintiff. The defendant agreed to pay interest rate to the plaintiff. The interest rate of the loan of this case is 5.4% per annum for 30,000,000 won on January 17, 2005, and 3.5% per annum for 5,000,000 won on February 25, 2005, and the defendant did not repay the loan within the agreed period. The plaintiff did not pay the loan within the agreed period. On January 16, 2006, the plaintiff received a separate loan of 30,000,000 won and arranged the loan until now, and the defendant demanded the defendant to pay interest rate of 10,000,0000 won on the loan of this case to the defendant on January 28, 2006.

arrow