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(영문) 전주지방법원남원지원 2020.04.23 2019가합96
대여금
Text

1. Defendant B’s KRW 380,000,000 and interest rate of KRW 12% per annum from November 23, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff repeats the exchange with Defendant B of approximately ten years prior to 10 years prior to borrowing money.

On April 2, 2018, the defendant settled this end, while paying a total of KRW 360 million to the plaintiff, the amount of KRW 100 million up to April 2, 2020; KRW 100 million up to July 2, 2021; KRW 100 million up to September 2, 2022; and KRW 100 million up to December 2, 2022; and the interest calculated at a rate of 12% per annum on each of the said money shall be paid until December 2, 2024; however, if the payment of interest is delayed, the defendant agreed to lose the benefit of time (hereinafter “the quasi-loan contract of this case”); and written a certificate of borrowed money as such.

(hereinafter “this case’s loan loan certificate”). (b)

On June 12, 2019, the Plaintiff additionally lent KRW 20 million to Defendant B as of July 23, 2019.

(hereinafter referred to as “instant loan for consumption”). (c)

Defendant B did not pay to the Plaintiff interest on the loan under the quasi-loan agreement of consumption.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 2 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts finding as to the cause of claim, Defendant B is obligated to pay the Plaintiff the loan amount of KRW 360 million under the quasi-loan agreement of this case and damages for delay claimed by the Plaintiff, barring any special circumstance. Further, Defendant B is obligated to pay the loan amount of KRW 20 million under the loan agreement of this case and the damages for delay claimed by the Plaintiff.

B. Defendant B’s assertion and judgment are as follows: (a) Defendant B’s loans made by the Plaintiff to Defendant B amounting to KRW 10,31,114,00 in total; and (b) Defendant B’s repayment to the Plaintiff is KRW 10,573,562,50 in total; and (c) Defendant B’s reimbursement to the Plaintiff.

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