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(영문) 창원지방법원 2019.09.05 2018가합56230
대여금
Text

1. The Defendant’s KRW 250,000,000 as well as the Plaintiff’s annual interest from July 25, 2017 to September 5, 2019, and the following.

Reasons

On December 30, 2013, the Plaintiff lent KRW 200 million to the Defendant on or before December 30, 2016. Meanwhile, the interest rate of KRW 1.5% per month for KRW 90 million, and the remainder of KRW 100 million was agreed at KRW 2% per month for interest. The Plaintiff additionally lent KRW 50 million to the Defendant on April 20, 2014 by setting the period for payment as KRW 1.5% per month for interest, and January 30, 2015 for the Defendant. After that, the Plaintiff and the Defendant failed to repay each of the above loans. Accordingly, on July 25, 2017, the Plaintiff and the Defendant did not newly prepare a loan certificate for each of the above loans and agreed to include the interest rate of KRW 250 million from January 5, 200 and the number of KRW 130 million from January 20 to December 30, 2017 as a whole, or included the dispute between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 18% per annum from July 25, 2017, which is the date on which the above loan certificate was drawn up to September 5, 2019, which is the date of this decision (i.e., the 1.5% per month x 12 months), and the interest or delay damages calculated at the rate of 15% per annum, which is the agreement rate from the next day to the date of full payment, within 18% per annum.

Meanwhile, the defendant asserts that he actually used the borrowed money from the plaintiff, not the defendant, but the defendant was involved in the lending process, and that the plaintiff promised not to use the legal remedies such as the filing of the lawsuit in this case, even if the plaintiff's claim is not repaid. However, there is no evidence to acknowledge the defendant's assertion.

Therefore, the defendant's assertion is not accepted.

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