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Reasons
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(영문) 춘천지방법원강릉지원 2020.08.26 2019가단4249
대여금
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1. The defendant shall pay to the plaintiff KRW 110,840,000 as well as KRW 80,000 among them, from January 1, 202 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff lent KRW 180,000 to the defendant around the end of June 1999. The defendant paid 2.8 million interest per month to the plaintiff from July 1999, but the plaintiff paid 2.8 million interest per month to the plaintiff from October 2005.

B. On May 11, 2009, the Defendant repaid the principal of KRW 100,000,000 among the above loans, and paid KRW 1,00,000 per month interest on the remaining principal amount of KRW 80,00,000 from June of the same year, and paid interest on KRW 80,000 per month from January 201.

C. The Plaintiff is a person who has implicitly consented to the reduction of interest to KRW 80,000 per annum (12% per annum) until the said reduction of interest.

However, the defendant reduces interest again and pays 70,000 won per month from February 2014 to August 2014, 700 won per month, 60,000 won per month from September 2014 to April 2015, 50,000 won per month from May 5, 2015 to February 2016, and 320,000 won per month from March 2016 to January 2019 (Provided, That the defendant is unpaid on March 3, 2017 and December 2018), but does not pay thereafter.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 3 through 5, purport of whole pleading

2. According to the above fact-finding, the loan principal remaining after the Defendant had to pay to the Plaintiff is KRW 80,000,000, and the interest unpaid until December 2019 is KRW 31,540,000 [the interest to be paid in advance from February 2, 2014 to December 2019 x KRW 56,80,000 (71 month x 800,000) or the interest actually paid to the Plaintiff is KRW 25,260,00,00, and 56,80,000,000 - 25,260,000,000].

However, the plaintiff asserts that the accrued interest is less than 30,840,000 won, which is less than the above recognition scope, and as so, the defendant is obligated to pay to the plaintiff 10,840,000 won with interest on the loan (the principal amount of KRW 80,840,000) and 80,000,00 won with interest on the principal amount of KRW 12% per annum, which is equivalent to the agreed interest rate from January 1, 2020 to the date of full payment.

2.3.

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