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(영문) 서울중앙지방법원 2016.12.23 2016가단5085862
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 30,000,000 and a rate of 19% per annum from December 10, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On October 10, 2012 between the Plaintiff and Defendant B, a monetary loan agreement was concluded between the Plaintiff and the Defendant B on October 10, 2012 that the Plaintiff paid Defendant B the maturity of KRW 30,000,000 on October 9, 2013, the interest rate of KRW 6% per annum (payment after October 10), and the interest rate of arrears at KRW 19% per annum. The Plaintiff paid KRW 30,00,000 to Defendant B.

Since then, around January 2014, a written agreement was made between the Plaintiff and Defendant B to revise the provision on the interest rate under the said monetary loan agreement to 4% per annum.

B. On November 12, 2012, between the Plaintiff and the Defendant C, a monetary loan agreement was concluded between the Plaintiff and the Defendant C on November 12, 2012 that the Plaintiff paid Defendant C the due date of repayment of KRW 50,000,000 on November 12, 2013; the interest rate of KRW 6% per annum (payment after the 12th of each month); and the interest rate of arrears at 19% per annum; and the Plaintiff paid KRW 50,00,000 to the Defendant C.

Then, around January 2014, an agreement was drafted to modify the content that the provision on the interest rate under the above monetary loan agreement between the Plaintiff and the Defendant C shall be changed to 4% per annum (payment in the later payment on the 10th of each month).

C. The Defendants remitted money to the Plaintiff as indicated in the following table.

The deposit amount (won) Defendant B on November 12, 2012, 150,00 on December 14, 2012, 2012, and Defendant B, 150,000 on January 14, 2012, 150,000 on March 7, 2013, 200 on the aggregate of 2,1,350,000 on January 27, 2014; Defendant C on December 250, 200 on December 14, 2012; Defendant C on December 250, 200; Defendant C on December 250, 200, 2500 on the aggregate of evidence Nos. 1130, Feb. 14, 2003; 15, 2015; 130, May 14, 2015

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent KRW 30,00,000 to the defendant Eul and KRW 50,000,000 to the defendant C. However, the defendants did not pay the remainder of the principal and interest after paying only some interest. Thus, the defendants should pay to the plaintiff the principal and interest of each of the above loans.

B. The Defendants’.

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