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(영문) 서울서부지방법원 2016.07.08 2015가단31264
대여금등
Text

1. The defendant shall pay 63,400,000 won to the plaintiff and 15% per annum from October 6, 2015 to the day of complete payment.

Reasons

1. The facts below the basis facts do not conflict between the Parties. A.

On July 27, 2012, the Plaintiff lent KRW 30 million to the Defendant (hereinafter “instant primary loan”).

B. On April 8, 2013, the Plaintiff lent to the Defendant KRW 10 million (hereinafter “instant secondary loan”).

(On the other hand, the amount actually received by the Defendant is 9.8 million won. The Plaintiff asserted that the amount was deducted from the price of the goods to be paid to the Plaintiff, and the Defendant asserted that the amount was deducted from the price of the goods to be paid to the Plaintiff. However, there is no dispute between the parties regarding the fact that the leased principal is KRW 10 million.

From May 27, 2013, the Defendant subscribed to three fraternitys operated by the Plaintiff (each of KRW 10 million for the total amount received, KRW 500,000,000 for monthly payments, and KRW 100,000 for the additional amount paid for each month after the receipt of the fraternity), and received all of the fraternitys, but did not pay the total amount of KRW 23,40,000 (hereinafter “instant unpaid amount”).

2. The parties’ assertion - The issues of this case

A. The Plaintiff’s assertion 1) lent to the Defendant the sum of the first and second loans of this case 40 million won to the Defendant at a rate of 2% per month. (2) However, the Defendant paid the agreed interest rate for a certain period immediately after the Defendant received the first loans of this case, but did not pay the principal as well as interest thereafter.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 40 million in total of the instant first and second loans and KRW 63.4 million in total, and the unpaid amount of KRW 23.4 million, and statutory delay damages therefrom. (B) The Defendant’s summary of the Defendant’s assertion 1) borrowed the sum of the instant first and second loans from the Plaintiff and did not pay KRW 23.4 million in total.

2. The defendant borrowed the first loan from the plaintiff only for two months.

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