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(영문) 인천지방법원 2014.08.14 2012가합9702
대여금
Text

1. The defendant shall pay to the plaintiff KRW 91,64,930 and KRW 30,000 among them, from May 16, 2006 to June 29, 2007.

Reasons

1. Basic facts

A. The Plaintiff loaned KRW 30,00,000 to the Defendant (hereinafter each of the loans of this case) with the amount of KRW 30,000,000 per annum from April 26, 2003 to April 26, 2006 (annual 36%), and the amount of KRW 600,000 per annum from July 3, 200 (annual 24%) with the interest rate of KRW 600,000 (annual 24%) as well as KRW 30,000 (hereinafter the second loan of this case); and KRW 20,000 on July 11, 2003 (hereinafter all of the loans of this case).

B. On May 15, 2006, the Defendant deposited 12,00,000 won in the Plaintiff’s account under the name of the Defendant’s spouse and paid 30,000,000 won in cash to the Plaintiff. It was 53,694,245 won [1] interest and delay damages on the first loan until May 15, 2006, 33,021,369 won [30,00,00 won in total 30,000 won in interest and delay damages on the second loan x 30,000 won in 30,000 won in 116, 116, 116, 365% in total x 365% in 20, 206, 365% in total [36% in interest and delay damages] of the Plaintiff’s loans x 30,604, 2005 won in x 365% in total (36% in x 206, 5065% in this case).

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Gap evidence 2-1, 2-2, Gap evidence 8-1, 2-2, and the purport of the whole pleadings

2. According to the facts of the above determination as to the cause of the claim, the defendant shall seek from the plaintiff 91,644,930 won among the above 91,694,245 won (the principal of KRW 80,000,000 for delay damages of KRW 11,694,245) (the principal of KRW 80,000 for delay damages of KRW 11,64,930 for delay damages of principal of KRW 80,000 for delay damages of KRW 11,64,930 for delay damages of KRW 11,64,930 for the principal of the loan of this case) and from May 16, 2006.

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