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(영문) 수원지방법원 성남지원 2021.02.09 2020가단207887
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 24% per annum from January 30, 2010 to the day of full payment.

Reasons

1. In full view of the reasoning of the argument as to the cause of the claim, Gap evidence Nos. 1 and 2, the plaintiff paid KRW 40,00,000 to the defendant on July 30, 2007 through the defendant's account, and lent it on July 30, 2008. The defendant prepared a loan certificate with the same content (hereinafter "certificate of this case") to the plaintiff. The defendant paid all interest accrued until December 30, 2009 to the plaintiff. The principal was leased KRW 40,00,000 around October 13, 209, and the defendant agreed to pay interest for 2% of the month from January 30, 2010 to the plaintiff, and the fact that the defendant additionally agreed to pay the above principal to the plaintiff on May 30, 2010 to the effect that the principal was paid to the plaintiff on May 30, 2010.

According to the above facts of recognition, the defendant is obligated to pay interest or delayed damages calculated at the rate of 24% per annum, which is the agreed interest rate from January 30, 2010 to the date of full payment of the agreed interest on loans 40,000,000 won and the agreed interest thereon, barring any special circumstances, to the plaintiff (the plaintiff sought interest or delayed damages from December 31, 2009, but the evidence submitted by the plaintiff alone is insufficient to acknowledge the interest agreement or interest rate prior to January 30, 201, and there is no other evidence to acknowledge it). 2. The judgment as to the defendant's assertion on January 2, 201

A. The defendant asserts that the original obligation of the defendant himself is merely KRW 10,00,000, and the remainder is the defendant's obligation, which is the defendant's will, at the plaintiff's request, that the defendant only prepared and executed the certificate of this case concerning the whole amount of KRW 40,00,000, and that the defendant is not liable for the payment of the above loan since he fully repaid it from August 4, 2005 to April 14, 2009.

The following circumstances, i.e., the statement in the Evidence Nos. 1 to 3, 7, and 10, which may be known by adding the whole purport of the pleadings:

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