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(영문) 서울동부지방법원 2019.06.18 2018가단9747
대여금
Text

1. The Defendant’s KRW 69,495,090 for the Plaintiff and 5% per annum from June 23, 2018 to June 18, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 20 million to the Defendant and received KRW 400,000 per annum from the Defendant (=24% per annum). Around November 13, 2012, the Plaintiff borrowed KRW 50,000 per annum and received KRW 600,000 per annum each month. However, the Plaintiff appears to have been paid KRW 30,000 out of the principal on June 27, 2013 after receiving reimbursement of KRW 40,000 per annum;

On March 26, 2014, the Defendant additionally lent KRW 25 million and KRW 5 million on March 29, 2014 to the Defendant, and around that time, entered into a lease contract with the Plaintiff, deposit money, KRW 50 million on the building owned by the husband of the Defendant from the Defendant.

B. At the time, the Plaintiff received interest on KRW 50,000,000 (27.6% per annum) from the Defendant as to the leased principal (i.e., KRW 50,000 per annum). From April 26, 2014 to September 12, 2017, the Plaintiff received the payment of each amount indicated in the “amount of reimbursement” column on each day indicated in the “end-day” column over 26 times, as indicated in the table 1 through 26 from April 26, 2014 to September 12, 2017, and received additional reimbursement of KRW 2,00,000 per annum around April 2018.

순번 원금 기간초일 기간말일 이율 (%) 이자 변제금액 이자충당후 변제금잔액 원금충당후 원금잔액 1 50,000,000 2014-03-29 2014-04-26 27.6 1,096,438 400,000 -696,438 50,000,000 2 50,000,000 2014-04-27 2014-05-29 27.6 1,247,671 400,000 -1,544,109 50,000,000 3 50,000,000 2014-05-30 2014-06-02 27.6 151,232 750,000 -945,341 50,000,000 4 50,000,000 2014-06-03 2014-07-02 27.6 1,134,246 1,150,000 -929,587 50,000,000 5 50,000,000 2014-07-03 2014-08-08 27.6 1,398,904 1,150,000 -1,178,491 50,000,000 6 50,000,000 2014-08-09 2014-09-17 27.6 1,512,328 1,150,000 -1,540,819 50,000,000 7 50,000,000 2014-09-18 2014-10-10 27.6 869,589 1,150,000 -1,260,408 50,000,000 8 50,000,000 2014-10-11 2014-11-18 27.6 1,474,520 1,150,000 -1,584,928 50,000,000 9 50,000,000 2014-11-19 2014-12-22 27.6 1,285,479 1,150,000 -1,720,407 50,000,000 10 50,000,000 2014-12-23 2015-02-12 27.6 1,966,027 1,150,000 -2,536,434 50,000,000 11 50,000,000 2015-02-13 2015-03-13 27.6 1,096,438 1,150...

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