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Reasons
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(영문) 광주지방법원 2014.06.13 2013가합9590
대여금
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1. The Defendant shall pay to the Plaintiff KRW 110,00,000 as well as 20% per annum from September 28, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 22, 2011, the Plaintiff loaned KRW 34,500,000,000,000 to the Defendant with the principal of KRW 35 million and interest of KRW 2% per month deducted by the advance interest of KRW 700,00,00. On 15 occasions, the Plaintiff was paid KRW 10,50,000 (=700,000 x 15) from the Defendant.

B. On December 16, 201, the Plaintiff loaned KRW 10 million to the Defendant KRW 9,700,000,000 calculated by deducting the advance interest from KRW 300,000,000, by means of remitting the principal amount of KRW 10,000 per month and interest rate of KRW 3% per month. The Plaintiff was paid KRW 3,00,000 (= KRW 300,000 x 10) from the Defendant over ten occasions.

C. On February 2, 2012, the Plaintiff lent KRW 20,600,000 to the Defendant, 3% per month of principal and interest, deducting KRW 400,000 from the preferred interest, and was paid KRW 4,200,000 (=600,000 x 7) on seven occasions from the Defendant.

On May 16, 2012, the Plaintiff was paid KRW 20,000,000 with the principal of KRW 20,000,000 per month and interest rate of KRW 3%, and KRW 9,700,000 with the principal of KRW 10,000 on May 23, 2012, deducting KRW 70,000 from the interest rate of KRW 3% on May 23, 2012, and paid KRW 5,10,000 with the Defendant’s total interest of KRW 5,00,00 (= KRW 5,400,000) over six occasions from the Defendant (= KRW 900,000 x 6) - KRW 300,00 (Personnel amount)).

E. On July 23, 2012, the Plaintiff loaned KRW 15 million to the Defendant with the principal of KRW 15 million and interest rate of KRW 3% per month. On two occasions from the Defendant, the Plaintiff was paid KRW 900,000 (=450,000 x 2).

F. On September 24, 2012, the Plaintiff lent KRW 10,000,000 to the Defendant by means of remitting KRW 9,700,000,000, after deducting KRW 300,000 from the preferred interest, with the principal amount of KRW 10,000 per month and interest of KRW 3% per month.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, purport of whole pleadings

2. Determination:

A. According to the above facts, the Defendant’s total amount of KRW 120,000,000 from the Plaintiff (hereinafter “instant money”).

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