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(영문) 창원지방법원 진주지원 2018.12.13 2018가단4402
대여금
Text

1. The Defendant’s KRW 25,354,32 as well as KRW 8.4% per annum from November 1, 2018 to December 13, 2018, and the following.

Reasons

1. Facts of recognition;

A. On July 29, 2016, the Plaintiff lent KRW 10 million to the Defendant as interest rate of KRW 0.7% per month for the convenience of calculating less than 0.7% per month shall be calculated by converting the amount into interest rate of KRW 8.4% per annum.

hereinafter the same shall apply);

On July 28, 2017, the due date was set and lent.

B. From October 8, 2016 to January 23, 2017, the Plaintiff leased a total of KRW 9.5 million to the Defendant over 11 times. For the convenience of calculation, the Plaintiff is deemed to have lent a total of KRW 9.5 million to the Defendant on a 11-time basis, and as alleged by the Plaintiff, as a result, on January 23, 2017, the date of the final lease is deemed to have been KRW 9.5 million; hereinafter referred to as “bonds on January 23, 2017.”

B Lending 8.4% per annum and without due date.

C. On March 30, 2017, the Plaintiff: (a) on March 30, 2017, lent the amount of KRW 10 million to the Defendant at 0.7% per month; and (b) on May 30, 2018.

The Defendant repaid to the Plaintiff KRW 2,203,00 on April 30, 2018 (principal KRW 2 million, interest KRW 203,000), KRW 1.3 million on July 1, 2018, KRW 1300,00 on July 31, 2018, KRW 1300,00 on August 31, 2018, KRW 1300,00 on August 31, 2018, KRW 130,00 on September 27, 2018, and KRW 130,00 on October 31, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the loan and interest or delay damages to the plaintiff.

Meanwhile, since the amount repaid by the Defendant falls short of the total amount of principal and interest of the borrowed amount, if appropriated according to the statutory appropriation method, the calculation of interest and the details of appropriation shall be based on the following: (a) the interest on the loan as of April 30, 2018 and the principal amount as of July 29, 2016, the Plaintiff received KRW 203,00 as interest; and (b) the principal amount as of July 29, 2016 shall be appropriated for the loan claims as of July 29, 2016, which first became due.

In each case, KRW 203,00 and KRW 2,00,000 are appropriated for each other (interest KRW 1,475,178 for any interest accrued until that time), KRW 1,30,00 which has been repaid on July 1, 2018, and July 31, 2018, respectively, KRW 1,30,00 which has been repaid on July 29, 2018, shall be the principal of each loan credit amounting to KRW 8 million on April 30, 2018.

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