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(영문) 대구지방법원 안동지원 2018.05.25 2017가단2564
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 14,936,076 and the interest rate of KRW 25% per annum from August 1, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4, the Plaintiff loaned to the Defendant: (a) on May 11, 2016, the Plaintiff loaned KRW 50 million to the Defendant; (b) on August 11, 2016, the due date for repayment was set at KRW 20 million per annum; and (c) on May 26, 2016, the amount of KRW 29,40,000 (the amount of KRW 600,000,000 as interest on the same day and KRW 29,40,000,000 (the amount of KRW 60,000 as interest on the same day) was deducted to KRW 29,40,00,000,000 as interest on the loans; hereinafter referred to as “second loan”) was set at KRW 39% per annum.

The Plaintiff received interest on the first loan from the Defendant as KRW 1 million on June 14, 2016, KRW 1 million on July 28, 2016, KRW 1 million on August 28, 2016, KRW 1 million on August 18, 2016, KRW 1 million on September 26, 2016, KRW 600,000 on June 28, 2016, KRW 500,000 on July 18, 2016, KRW 60,000 on July 3, 2016, and KRW 1.2 million on September 26, 2016, and KRW 80,000 on each loan deposited by the Defendant on July 31, 2017, respectively.

In addition, in full view of the purport of the entire pleadings in the statement No. 2, the Defendant may recognize the repayment of KRW 1 million to the Plaintiff on May 12, 2016 of the interest on the first loan.

If the Plaintiff appropriates the money that he received as above in the order of statutory appropriation of performance, on July 31, 2017, which is the date of the final repayment, the second loan will be extinguished by full repayment, and the first loan will cover damages for delay calculated by the rate of 25% per annum, within the scope of the Interest Limitation Act, as the Plaintiff seeks from August 1, 2017 to the date of full payment (the calculation details are the same as the attached Form). 2. Determination on the Defendant’s argument (the part as to the calculation details)

A. The Defendant asserts that, on August 18, 2016, the Plaintiff repaid more than one million won as the interest for the first loan exceeding one million won as the Plaintiff was the Plaintiff.

Domins, B.

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