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(영문) 전주지방법원군산지원 2019.01.24 2018가단5534
대여금
Text

1. The defendant shall pay to the plaintiff KRW 223,241,094 as well as KRW 50,000 among them, from January 11, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, on December 31, 2005, lent a total of KRW 52 million to the Defendant at 36% per annum on March 22, 2006, KRW 5 million on March 28, 2006, KRW 5 million on March 28, 2006, KRW 10 million on March 29, 2006, and KRW 52 million on July 15, 2006.

(hereinafter “instant loan”). (b) The instant loan

The defendant repaid part of the amount to the plaintiff, and the detailed details are as shown in the attached Table 1.

C. In applying the provision on the maximum interest rate under Article 2(1) of the Interest Limitation Act, when the Defendant appropriated the amount that the Defendant paid to the Plaintiff as shown in the attached Table 1 to the Plaintiff, the payment of the loan principal of this case is as indicated in the attached Table 2. As of January 10, 2019, the principal of this case is KRW 50 million, and the interest is KRW 173,241,094.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff 223,241,094 won (=interest of KRW 173,241,094 up to January 10, 2019) and interest of KRW 50 million up to January 10, 2019, the amount of KRW 24% per annum from January 11, 2019 to the date of full payment.

3. If so, the plaintiff's claim is justified.

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