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(영문) 대전지방법원 2020.06.09 2019가단15622
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 24% per annum from September 12, 2016 to the date of full payment.

Reasons

1. Claim against the defendant B

A. On April 12, 2016, the Plaintiff loaned KRW 50 million to Defendant B at the interest rate of 24% per annum on June 11, 2016 (hereinafter “instant loan”), and thereafter, the Defendant repaid KRW 5 million to the Plaintiff on July 15, 2016, with interest rate of KRW 5 million as well as the entire purport of the pleadings.

According to the above facts of recognition, Defendant B paid to the Plaintiff KRW 50 million and the amount of KRW 5 million repaid by the Defendant as seen earlier from September 12, 2016, as well as the amount of KRW 5 million repaid by the Defendant, as the foregoing acknowledged from September 12, 2016, as interest.

4. The interest and delay damages under the agreed rate from December 1 to September 11, 2016 were repaid.

(B) Defendant B is obligated to pay damages for delay calculated at the rate of 24% per annum, which is the agreed rate until the date of full payment. (B) Defendant B asserts that Defendant B paid damages for delay on September 1, 2017 to the Plaintiff’s husband E, and KRW 3 million on September 30, 2017, respectively.

Although there is no dispute between the parties regarding the remittance of the above money to Defendant B, the evidence submitted by Defendant B alone is insufficient to recognize that each of the above money was remitted as the repayment of the loan of this case, and there is no other evidence to support this otherwise, the above assertion is without merit.

2 Defendant B, on July 2018, failed to repay the instant loan, ordered the Plaintiff’s husband E to complete a provisional registration of the Plaintiff’s claim for transfer of ownership with respect to F forest land, G, 377 square meters, and ground buildings at Seosan-si around July 2018. Thus, Defendant B asserted that the instant loan was repaid.

The facts that a provisional registration of the right to claim ownership transfer in the name of E has been made on each of the above real estate do not conflict between the parties, but the loan of this case was repaid merely because the provisional registration was completed as above.

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