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(영문) 서울서부지방법원 2016.07.08 2016가단8438
대여금
Text

1. As to the Plaintiff KRW 166,200,000 and KRW 20,000 among them, the Defendant paid to the Plaintiff KRW 57,00,000 from June 8, 2007.

Reasons

1. On June 8, 2007, the Plaintiff lent KRW 20 million to the Defendant at interest rate of KRW 2% per month. On July 6, 2007, the Plaintiff loaned KRW 10,000,000 to the Defendant.

On the other hand, on July 13, 2007, the defendant paid 114,00,000 won in 2006 from the plaintiff and 57,000,000 won in equal installments on May 13, 2008 and May 2009, and paid 22,20,000,00 won in equal installments each month (2% per month).

(A) The plaintiff's assertion and judgment on July 2, 2007 sought 2% interest payment of loans of KRW 10,000,000 on July 6, 200, but there is no evidence to acknowledge it.

In addition, the plaintiff asserts that 22,200,000 won interest was paid monthly interest, but there is no evidence to acknowledge that 2% interest was paid.

Therefore, the claim for damages for delay will be accepted only after the delivery date of a copy of the complaint.

The plaintiff asserts that after completing the registration of establishment of a collateral security right with respect to the defendant forest land, the plaintiff sought 2% interest payment for the loans of KRW 100,000.

However, it is unclear whether the loan is equal to the above 114,00,000 won, and whether the above interest rate is equal to the above 22,200,000 won, and there is no evidence to prove that there was an agreement to pay interest rate of 2% per month in the event that the loan is a separate loan. Thus, this part of the claim is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 166,20,000 won (20,000,000 won) and 114,000,000 won among them and interest of 114,00,000,000 won and delay damages for the total amount.

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