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(영문) 서울남부지방법원 2016.04.01 2015가단57403
대여금
Text

1. The Defendant: 12% per annum from July 3, 2015 to April 1, 2016 to KRW 35 million among the Plaintiff’s KRW 39.28 million.

Reasons

1. Basic facts

A. The Plaintiff loaned a total of KRW 100 million to the Defendant, including KRW 70 million on September 2, 2008 and KRW 30 million on April 21, 2009, and received reimbursement of KRW 30 million on December 21, 2010 and KRW 220 million on December 22, 2010.

B. On September 30, 201, the Plaintiff additionally lent KRW 2,000 to the Defendant.

C. The Plaintiff and the Defendant agreed to prepare a loan certificate with respect to KRW 70 million in the loan balance. The Defendant, on January 19, 2012, prepared and delivered to the Plaintiff a loan certificate stating “The borrowed amount of KRW 70 million, the borrowing date, January 19, 2012, and January 19, 2013,” and agreed to the interest rate of KRW 12% per annum.

On January 2, 2013, the Plaintiff was reimbursed KRW 10 million from the Defendant, and the Plaintiff and the Defendant drafted a monetary loan agreement on January 19, 2013, stating that “The Plaintiff shall pay KRW 60 million per annum, interest rate of KRW 12% per annum, interest rate of KRW 30 million per month, and due date of payment until June 30, 2015.”

F. The Plaintiff received reimbursement of KRW 25 million from the Defendant on July 2, 2015, and KRW 5 million on March 7, 2016, respectively.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, whole purport of pleading

2. Determination:

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of the borrowed amount of KRW 35 million ( KRW 60 million as of January 19, 2013 - KRW 25 million as of July 2, 2015) and interest thereon, as sought by the Plaintiff.

Meanwhile, from January 2, 2012 to July 2, 2015, the Plaintiff received the remainder excluding KRW 9.28 million from the Defendant.

In addition, the Defendant repaid KRW 5 million to the Plaintiff on March 7, 2016, and the said money is insufficient to fully repay the principal and interest. As such, the interest accrued until July 2, 2015, in the order of statutory appropriation for payment, would be preferentially appropriated for the repayment of KRW 9.28 million.

Therefore, the Defendant’s total amount of KRW 35 million and interest accrued until July 2, 2015, including KRW 4.288,000 ( KRW 9.288,000,000 as of July 2, 2015).

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