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Reasons
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(영문) 대전지방법원천안지원 2016.09.28 2015가단12310
대여금
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1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 12% per annum from June 1, 2015 to September 28, 2016; and (b) thereafter, the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 15, 2002, the Plaintiff lent KRW 40 million to the Defendant, and received interest of KRW 400,000 per month (an amount equivalent to KRW 1% per month; hereinafter the same shall apply). On August 15, 2002, the Plaintiff extended additional KRW 70,000 to the Defendant and received interest of KRW 70,000 per month.

B. On December 30, 2002, the Defendant repaid the Plaintiff the principal amounting to KRW 60,000,000, and thereafter paid only KRW 500,000 per month as interest from January 2003.

C. From March 2002 to May 2015, the Plaintiff received the principal or interest through the Plaintiff’s deposit account (CF). At least 120 times after deducting the case of deposit in the name of D on two occasions, the interest or principal was deposited in the name of the Defendant or the Defendant’s representative E.

D The plaintiff Ga.

For repayment of the amount stated in paragraph, KRW 1,500,000 on September 7, 2014, and KRW 8,000,00 on March 28, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1-1, 2-2, Eul evidence 2-1, 2-2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant’s balance of the debt borrowed to the Plaintiff is KRW 40,500,000, and the agreed interest rate is KRW 12% per annum, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the agreement from June 1, 2015 to September 28, 2016, which is the date of this decision, and from the following day to the date of full payment.

3. Judgment on the defendant's assertion

A. The defendant asserts that on April 10, 2003, the defendant delivered 50,000,000 won in the balance of the borrowed debt to D, who is the Minister of Finance and Economy, and had the plaintiff repay the borrowed debt.

According to Eul evidence 2-2, the defendant remitted 40,000,000 won to Eul on April 10, 2003 to Eul, the representative of the defendant.

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