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(영문) 대구지방법원 2018.06.28 2017가합203484
대여금
Text

1. The Defendant’s KRW 156,873,946 for the Plaintiff and 5% per annum from May 17, 2017 to June 28, 2018, and the following.

Reasons

1. Basic facts

A. On May 21, 2009, the Plaintiff loaned KRW 50 million to the Defendant, who is South Dong-dong, and additionally lent KRW 50 million on June 18, 2009, the Plaintiff loaned KRW 100 million on the same day, and agreed to pay KRW 50 million on June 18, 2009, the due date shall be June 18, 201, and the interest shall be 5% per annum (legal interest) and shall be paid together with the principal at the due date.

(hereinafter referred to as the above KRW 100 million loan b.

Around September 30, 2010, the Plaintiff leased KRW 300 million to the Defendant at a rate of 5% per annum. Around January 1, 2012, the Plaintiff loaned KRW 100 million per day to the Defendant by adding KRW 300 million to KRW 300 million per annum, and the repayment period is September 30, 2015, and KRW 400 million per annum 5 million per annum. However, the annual interest rate of KRW 5 million calculated accordingly is modified to KRW 4 million per annum. However, when it is converted to annual interest rate, the Plaintiff is 4% per annum (i.e., interest rate of KRW 4 million x KRW 4 million ± principal of KRW 400 million x 100).

From March 31, 2012, an agreement was made to pay KRW 4 million in every quarter.

(2) The loan of KRW 400 million (hereinafter the above KRW 400 million) is deemed to be “the loan of this case 2.” The loan of this case 1 is collectively referred to as “the loan of this case ....” / [the grounds for recognition] without dispute, each entry in Gap 1, 2, 4, 5, and Eul evidence 2, and the purport of the whole pleadings.

2. According to the facts established on the basis of the determination of the cause of the claim, the Defendant, barring any special circumstance, is obligated to pay to the Plaintiff the agreed interest or delay damages from June 18, 2009, which is the loan 100 million won and the loan 100 million won, to the Plaintiff, and the agreed interest or delay damages from October 1, 2014, which is the second loan 400 million won and the date following the date of the final interest receipt that the Plaintiff is the applicant.

3. Defendant’s assertion and judgment

A. The Defendant’s assertion 1 loans of KRW 50 million, and KRW 50 million, the Plaintiff’s mother of KRW 1,000,000, and KRW 50 million, respectively, to the Defendant as the obligee.

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