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(영문) 부산지방법원 2017.02.23 2016가단45171
대여금등
Text

1. The Defendant shall pay to the Plaintiff KRW 29,137,235 and the interest rate of KRW 15% per annum from August 26, 2016 to the date of full payment.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-3 and 7.

The Plaintiff (former name: C) lent the amount of KRW 10 million to the Defendant operating the clothing sales store, KRW 2% of interest per month on August 4, 2015, and the due date of repayment on February 1, 2016. On December 14, 2015, the Plaintiff (former name: C) determined and lent the amount of KRW 10 million as interest monthly and February 15, 2016.

B. The Plaintiff provided the Defendant with the Plaintiff’s credit card as collateral and offered the Defendant to use the Plaintiff’s credit card. The Defendant, by using the Plaintiff’s credit card, had the Defendant bear the obligation to pay for the credit card use amounting to KRW 10 million in total until February 5, 2016.

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the borrowed amount and the credit card use amount of KRW 30 million, except in extenuating circumstances.

B. Determination of the Defendant’s assertion (1) The Defendant’s summary of the Defendant’s assertion paid the Plaintiff the principal in addition to the interest on the loan.

In addition, the plaintiff seized mincco 90,000 won from the defendant to about 96 million won in total.

Therefore, the Plaintiff’s claim amount should be considered to have been fully repaid.

(2) (A) The Plaintiff’s determination on whether to repay principal amounting to KRW 20 million recognizes the fact that the Defendant received a partial repayment from the Defendant from September 9, 2015 to May 12, 2016 in relation to the above loan amounting to KRW 20 million as follows. However, there is no other evidence to deem that the Defendant received a partial repayment from the Defendant as indicated in the following table.

The interest on the annual interest rate of the principal of the principal calculated on August 4, 2015, 200, 10,000,000 of the interest on the annual interest rate of 10,000,000 the principal of the principal and interest on the annual interest rate of the principal shall be 243,287 20,000,000 43,287 10,007,287 10,000,000,000 on December 14, 2015; 10,000,000,000 on April 19, 2016; 10,000,000,000,000,000, 10,000,000,000, 1973, 190, 1001, 240, 25, 2004;

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