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(영문) 수원지방법원 2020.05.20 2019가단23899
대여금
Text

1. The defendant shall pay 36,00,000 won to the plaintiff and 12% per annum from February 21, 2020 to the day of complete payment.

Reasons

1. The Plaintiff loaned a total of KRW 40 million to the Defendant on July 21, 2018, and KRW 30 million on August 6, 2018, and the Defendant repaid a total of KRW 40 million to the Plaintiff on August 11, 2018 may be recognized in full view of the respective entries and arguments set forth in the evidence Nos. 1 and 2 (including each number in the evidence No. 2) and the purport of all pleadings.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the remaining loans of KRW 36 million (=40 million - KRW 4 million - KRW 4 million that the plaintiff was paid) and to pay 12% interest per annum as claimed by the plaintiff from February 21, 2020 to the day of full payment, as set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as requested by the plaintiff.

2. The defendant's assertion that he/she paid 16 million won to the plaintiff as interest. Before interpreting the defendant's argument, there is no evidence to acknowledge that the defendant paid money other than 4 million won to the plaintiff since the above lending date.

Therefore, the defendant's argument is rejected without further review.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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