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(영문) 창원지방법원 2013.11.21 2013가합2344
대여금
Text

1. The defendant shall pay to the plaintiff KRW 133,008,464 and KRW 75,903,517 among them from April 25, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On January 1, 2010, the Plaintiff, the husband of C, that the Defendant would purchase Tkis from Egymbs to Egymbs, Egymbs, and the Plaintiff, the husband of C, the Defendant, as the purchase price for Egymskis, KRW 51 million on January 14, 201,

3. 17.1 million won and the same year.

7.5. 4 million won, including the sum of KRW 1.1 million. The Defendant paid KRW 1.1 million to the Plaintiff, not by purchasing Tkis, but by returning KRW 1.5 million to the period from March 12, 2010 to August 17, 2010.

B. On September 9, 2010, the Plaintiff lent KRW 5 million to the Defendant, and received a total of KRW 5.5 million from the Defendant between October 14, 2010 and October 29, 2010.

C. The Plaintiff wired the Defendant a total of KRW 15 million, including KRW 5 million on November 14, 201, and KRW 15 million on March 25, 201 (hereinafter “instant money”) to the Defendant, as necessary for the Defendant’s business related to the so-called four major river works. The Plaintiff wired the instant money from the Defendant to the Defendant on December 15, 201, KRW 150 million on December 15, 201, KRW 150 million on January 17, 201, and KRW 150 million on January 17, 2011.

2. 15.15 million won, and the same year.

3. 14.15 million won, and the same year.

4. 14.3.4 million won, and the same year.

5. 16.4.5 million won, and the same year.

6. 16.4.5 million won, and the same year.

7. 13.4.5 million won, 14.1.14.1 million won, 2 million won on April 13, 2012, and the same year;

4. 25.1 million won, and the same year;

6. A total of KRW 92.9 million was returned on 29.3 million.

【Facts without dispute over a part of evidence, Gap 1, 2, 5 evidence, Eul 2's each entry, Eul's testimony and whole purport of pleading

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent the instant money to the Defendant at a monthly interest rate of 3%, and received a total of 92,90,000 won from the Defendant, and thus, the Defendant is obligated to pay to the Plaintiff the interest and principal amount calculated by applying the interest rate of 30% per annum within the limit prescribed by the Interest Limitation Act, among the above repayment amounts, to the Plaintiff, in the order of interest obligations and principal obligations calculated by applying the interest rate of 30% per annum within the limit prescribed by the Interest Limitation Act, and the subsequent repayment amount is the obligation to pay the principal and interest remaining after appropriating it to the principal obligation.

(b).

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