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(영문) 의정부지방법원 2017.06.30 2016가단120663
대여금
Text

1. As to KRW 36,151,780 and KRW 30,000 among them, the Defendant shall pay to the Plaintiff the year from September 10, 2016 to September 28, 2016.

Reasons

1. On October 24, 2014, the Plaintiff loaned KRW 30,000,000 to the Defendant on October 24, 2014, with interest rate of KRW 2% per month, without setting the maturity period, to the Defendant. There is no dispute between the parties, and the Plaintiff received KRW 7,400,000 from the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff 36,151,780 won [ ① 30,000,000 won with the leased principal ② interest of KRW 13,551,780 with the leased principal from October 24, 2014 to September 9, 2016 ( KRW 30,000 x 687/365 x 0.24)] - (3) interest already received 7,400,000,000 won with the leased principal from September 10, 2016 to September 28, 2016; and 5% with the interest of KRW 13,551,780 with the interest of KRW 30,000 with the leased principal calculated with the annual interest of KRW 30,00,000 with the interest of KRW 30,000 from September 10, 2016 to the full payment day.

2. A criminal conciliation was conducted to pay KRW 30,000,000 by February 28, 2017, after submitting a written answer to dismiss the Plaintiff’s claim, through two times the application for change of the date.

“In assertion, the Defendant attached the transfer certificate to the Plaintiff, which appears to have remitted KRW 15,00,00 to the Plaintiff, but the Plaintiff did not admit the Defendant’s above assertion, but the Defendant did not appear at the designated date for pleading thereafter. The Defendant’s above assertion is not acceptable, since there is no evidence to acknowledge the Defendant’s above assertion.

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

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