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(영문) 대구지방법원 2019.04.25 2018가합204651
대여금
Text

1. The Defendant’s KRW 10,000,000 and its amount shall be 4.8% per annum from January 7, 2019 to April 25, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On August 2, 2016, the Plaintiff loaned KRW 200,000,000 to the Defendant at an annual interest rate of 4.8% (monthly 800,000).

(hereinafter “instant First Loan Agreement”). During the period from September 6, 2016 to November 14, 2017, the Defendant paid the Plaintiff KRW 12,00,000 in total, the interest corresponding to the interest accrued from November 1, 2017 under the instant First Loan Agreement, but did not pay the interest accrued after November 2, 2017.

B. On August 29, 2017, the Plaintiff set KRW 20,000,000 to the Defendant at an annual interest rate of 4.8% (monthly 80,000) and lent the loan to the Defendant.

(hereinafter “instant loan agreement”). On September 20, 2017, the Defendant paid KRW 160,000 corresponding to the interest accrued until October 28, 2017 under the instant loan agreement to the Plaintiff on September 20, 2017, but did not pay interest accrued after October 29, 2017.

(hereinafter referred to as “the instant loan obligation” in total of the Defendant’s obligations under the instant loan agreement.

The Defendant’s KRW 100,000,000 for the Plaintiff on August 6, 2018, and the same year

9. 20,000,000 won for October 20, 199

9. 20,000,000 won for 28. 20,000 won for 31,00,000 won for 15. 15,00,000 won for 19. 19,000 won for 219,00,000 won for 18,000 won for 20,000 won for 6. 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 and 6, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s summary of the Plaintiff’s assertion lent a total of KRW 220,000,000 to the Defendant pursuant to the instant loan agreement, and received reimbursement of KRW 219,00,000 from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the principal, which remains after being appropriated in accordance with the statutory method of appropriation for performance, as well as damages for delay from October 20, 2018, following the payment of the remainder as of October 19, 2018.

B. The Plaintiff loaned a total of KRW 220,000,000 to the Defendant pursuant to the loan agreement in accordance with the instant loan agreement, and there is no dispute between the parties, and the Plaintiff from August 6, 2018 to August 2019.

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