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(영문) 서울동부지방법원 2017.08.25 2017가합105652
대여금
Text

1. As to KRW 340,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from November 1, 2016 to August 25, 2017.

Reasons

1. Facts of recognition;

A. On May 20, 2016, the Plaintiff leased 100 million won interest to the Defendant on a yearly basis, and on October 31, 2016, with a maturity of ten percent (10%) and on a date of maturity of ten (31). On October 31, 2016, the Plaintiff received interest from the Defendant until the same date on the total amount of principal and KRW 50 million (50 million).

B. On October 17, 2016, the Plaintiff leased KRW 180 million to the Defendant at interest rate of KRW 15 million per annum, and on February 28, 2017, the Plaintiff received interest payment from the Defendant until the same date as the principal amount, by February 28, 2017.

C. On January 4, 2017, the Plaintiff leased the interest of KRW 50 million to the Defendant at 15% per annum, due date on January 23, 2017. On February 10, 2017, the Plaintiff received interest or delay damages from the Defendant until the same date as the principal amount was paid.

On March 7, 2017, the Plaintiff loaned KRW 200 million to the Defendant at 15% per annum and on March 17, 2017.

[Reasons for Recognition] The fact that the plaintiff is the plaintiff, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The judgment of this Court

A. According to the facts acknowledged in paragraph 1, each of the above loans against the Defendant by the Plaintiff was paid a total of KRW 340 million [the total principal amount of KRW 10 million [the total amount of KRW 50 million - KRW 180 million - KRW 100 million - KRW 50 million - KRW 30 million - KRW 200 million] and the interest or delay damages on or after the date of each final payment.

B. Therefore, it is reasonable for the Defendant to dispute to the Plaintiff regarding the existence and scope of the obligation to repay the total amount of KRW 340 million and KRW 50 million from November 1, 2016 to August 25, 2017, the agreement rate of KRW 10% per annum, the agreement rate of KRW 15% per annum, which is stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, and KRW 20 million, the amount of KRW 70 million from February 11, 2017, and KRW 20 million from March 1, 2017 to the date of full payment.

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