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(영문) 서울남부지방법원 2016.08.19 2016가단14281
대여금
Text

1. As to the Plaintiff’s KRW 62 million and its KRW 60 million, the Defendant shall pay to the Plaintiff the year from December 13, 2014 to April 22, 2016.

Reasons

1. Basic facts

A. On March 11, 2013, the Plaintiff: (a) determined and lent KRW 50 million to the Defendant as of September 30, 2013.

B. On November 13, 2013, the Plaintiff, while additionally lending KRW 10 million to the Defendant, agreed to receive KRW 60,000,000,000,000 in total, previous loans, until December 30, 2013.

C. The Defendant paid to the Plaintiff a total of KRW 1.5 million on April 1, 2013, KRW 200,000 on May 31, 2013, KRW 1.00,000 on July 6, 2013, KRW 1.1 million on July 31, 2013, KRW 1.00,000 on September 17, 2013, KRW 6.5 million on September 30, 2013, KRW 2.5 million on December 1, 2013, KRW 2.5 million on December 21, 2014, KRW 2.5 million on December 1, 2014, KRW 1.5 million on December 25, 200, KRW 1.5 million on February 1, 2014, KRW 200,000 on May 14, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1 to Eul evidence 3

2. Assertion and determination

A. The Plaintiff asserts that the Defendant is liable to pay the said money and the unpaid interest, as the Plaintiff received interest rate of 2% per month and lent a total of 60 million won to the Defendant.

In light of the fact that the Plaintiff lent the sum of KRW 60 million to the Defendant, as seen earlier, the Defendant recognized that there was an agreement on interest on the loan, and that the Defendant paid KRW 1 million monthly after borrowing KRW 50 million from the Plaintiff on March 11, 2013, and paid KRW 1.2 million after borrowing KRW 1.2 million on November 13, 2013, it is reasonable to deem that there was an agreement between the Plaintiff and the Defendant on the rate of interest on the loan as KRW 2% per month.

Under the above interest agreement, the Defendant shall pay to the Plaintiff the interest of KRW 1 million per month for about eight months from March 11, 2013 to November 12, 2013. As seen earlier, the Defendant shall pay to the Plaintiff the interest of KRW 50 million per month.

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