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(영문) 광주지방법원 2016.01.28 2015가단26691
대여금반환
Text

1. The Defendant shall pay to the Plaintiff the same money as indicated in the attached Form “the details of the money to be paid.”

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. On October 31, 2001, the Defendant drafted to the Plaintiff a certificate of borrowing (hereinafter “instant agreement”) with the following content.

The loan shall borrow 50,00,000 won on October 31, 2001, and the interest rate shall be paid 700,000 won per month (in the case of conversion into a percentage, it is clear that the rate is 16.8% per annum) and the installment savings shall be paid in the name of the plaintiff each month (for payment, the rate shall be 1,00,000 won).

B. The Defendant remitted money to the Plaintiff’s account (UFFFFF) for repayment under the instant agreement as indicated in the following table:

On December 3, 2001, 700,000 on December 4, 2001; 3,700,000 on February 5, 2002, 700,000 on February 5, 2002; 5, 200,00 on March 2, 200 on April 29, 2005 5, 2000 on April 29, 2002; 3,700,000 on April 20, 200 on August 17, 2002; 3,70,000,000 on August 17, 2002; and there is no dispute over the respective entries in subparagraphs A and 2, and the purport of the entire pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is to pay KRW 1,00,000 per month, separately from the interest rate of KRW 700,000 per month from November 31, 2001 to December 31, 2005 (50 months) for the repayment of KRW 50,000,000 that the Plaintiff lent to the Defendant, and the Defendant paid only KRW 3,70,000 as in the above basic facts.

Therefore, the defendant is obligated to pay to the plaintiff KRW 44,900,000, which is a part of KRW 50,000,000, and damages for delay.

B. The loan certificate stating the gist of the Defendant’s assertion is merely a document prepared by the Plaintiff while the Defendant was old, and thus, the Plaintiff does not agree to pay KRW 1,00,000 on a regular basis for 50 months to repay KRW 50,000 to the Plaintiff actually.

Meanwhile, the period of extinctive prescription of KRW 50,000 from August 18, 2002, which was the day following the date when the Defendant remitted KRW 200,000 to the Plaintiff. As such, the extinctive prescription has expired as of the time when the instant lawsuit was filed, the Plaintiff’s claim is unjust.

3. Determination.

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