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(영문) 서울서부지방법원 2015.08.21 2014가단37234
대여금반환
Text

1. As to Defendant B’s KRW 38,570,000 and KRW 20,000 among them, Defendant B shall be KRW 18,570,000 from January 1, 201, and KRW 18,570,00.

Reasons

1. Determination as to the claim against the defendant B

(a) Without setting the due date for payment of interest at 2% per annum (24% per annum), the fact that the Plaintiff did not have any dispute between Defendant B, (1) around 20,000,000 won around the end of 2010, (2) around March 11, 201, (3) around 20, 200,000 won around November 20, 201, (4) around 20, 5,000,000 won around November 23, 2012, (5) around 1,470,000 won around December 7, 2012, and (6) around 3,00,000,000 won around December 11, 2012, Party A’s evidence Nos. 370,70,70,000 evidence and text messages No. 8 (7) around 20,78,2013, respectively.

B. (1) According to the above facts of recognition, barring any special circumstance, Defendant B is obligated to pay interest and delay damages at the rate of 24% per annum, which is the agreement rate of 24% from January 1, 2011 to the date of full payment, to the date of full payment, to the Plaintiff, with the interest and delay damages at the rate of 38,570,000 won from March 4, 201 to the date of full payment, and as requested by the Plaintiff, to the interest and delay damages at the rate of 24% per annum, which is the agreement, from March 4, 2013 to the date of full payment.

(2) As to this, Defendant B asserts to the effect that the amount borrowed from the Plaintiff is KRW 50,195,800 in total, and that the remaining principal and interest remaining after repayment of KRW 51,860,00 in total is merely KRW 27,000 in total.

However, according to the overall purport of evidence Nos. 2, 9, 10, and 15 and the whole arguments, it is recognized that there were a large number of days of money transaction between the Plaintiff and Defendant B. In light of these circumstances, it is insufficient to recognize the fact that the Defendant paid even some of the principal and interest obligations of the instant loan, and there is no other evidence to acknowledge it.

Therefore, it is difficult to accept the defendant's argument.

2. Claim against Defendant C

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