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(영문) 부산지방법원 2019.09.10 2019가단2977
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,00,000 and the interest rate of KRW 18% per annum from August 21, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 10, 2008, the Plaintiff lent KRW 75,000,000 to the Defendant as interest rate of KRW 1.5% per month.

B. The Defendant paid interest to the Plaintiff until August 20, 2016, and paid KRW 14,000,000 in the name of the principal of the loan between September 26, 2016 and October 15, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2-2, and 3-3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 18% per annum from August 21, 2016, which is the date following the last payment of interest, as sought by the Plaintiff, as well as the interest or delay damages calculated at the rate of 18% per annum from August 21, 2016, as agreed upon by the Plaintiff, unless there are other special circumstances.

As to this, the Defendant alleged to the effect that the Plaintiff cannot accept the Plaintiff’s claim because it paid the Plaintiff a sum of KRW 75,00,000 in excess of the leased principal, but there is no evidence to acknowledge it. Rather, according to the purport of the entire pleadings in the statement Nos. 3-2 and 3-3, the Defendant paid KRW 38,200,000 in the interest name until August 20, 2016, and this is deemed to have been fully appropriated for the interest accrued at the agreed rate. Accordingly, the Defendant’s assertion is rejected.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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