(영문) 대구지방법원서부지원 2014.12.17 2014가단19473

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(영문) 대구지방법원서부지원 2014.12.17 2014가단19473

대여금

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1. The Defendant shall pay to the Plaintiff KRW 20,528,505 and the interest rate of KRW 30% per annum from February 18, 2014 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff remitted KRW 23.75 million to the Defendant on June 24, 2013, and KRW 1.255 million on June 28, 2013. This is the amount calculated by deducting KRW 1.25 million per month from the Defendant’s interest by concluding an agreement to receive KRW 25 million as interest.

Afterwards, 1.25 million won was received from the defendant six times more than 30%, and 2,1250,000 won still remains if the payment was made at the interest rate of 30%. Thus, the above money and damages for delay are sought.

B. The Defendant’s assertion that the Defendant borrowed KRW 23.75 million from the Plaintiff without any agreement on interest, and thereafter, the Defendant’s assertion that the Plaintiff paid KRW 1.25 million to the Plaintiff five times each. Thus, the Defendant’s claim is the entire obligation of the Defendant that remains in the Plaintiff.

2. Facts of recognition and judgment

A. The fact that the Plaintiff remitted to the Defendant the amount of KRW 10 million on June 24, 2013, and KRW 13750,000 on June 28, 2013, respectively, and the Defendant:

6. The Plaintiff prepared and executed a loan certificate stating that the Plaintiff borrowed KRW 25 million from the Plaintiff on August 28, 2013; the Defendant did not have any relationship between the Plaintiff and the Defendant on February 17, 2014; the Defendant, upon introduction of the Plaintiff, lent money to the Plaintiff on August 25, 2013; KRW 1250,000 on August 5, 2013; KRW 1250,000 on September 30, 2013; KRW 1250,00 on December 125, 203; KRW 1250,000 on December 16, 2013; and the Defendant did not have any relationship between the Plaintiff and the Defendant; and the Plaintiff did not have any dispute over the loan to the Defendant on September 30, 2013, including the Plaintiff’s overall evidence No. 1 and evidence No. 1, 2014.

B. 1) In full view of the Plaintiff’s remittance amount to the Defendant, the difference between the amount of money borrowed by the Defendant and the amount, time, etc. that the Defendant remitted to the Plaintiff, the Plaintiff, on June 28, 2013, determined KRW 25 million to the Defendant as the monthly interest rate of KRW 1250,000,000,000 to the Defendant, and the amount and time when the Defendant remitted to

(2) It is reasonable to view that the advance deduction was made.

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