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(영문) 수원지방법원 2016.06.29 2015가단13627
차용금
Text

1. The defendant shall pay to the plaintiff KRW 54,916,00 and KRW 53,697,00 among them to the day of full payment.

Reasons

Comprehensively taking into account the facts without dispute between the parties and the written statements in Gap evidence Nos. 1 through 4, and 6 (including the branch numbers, if any), the Plaintiff loaned 96 million won to the Defendant at the interest rate of 2% per month, over 13 times from January 11, 2011 to June 7, 2013; the Defendant repaid 42,303,000 won in total as the principal borrowed over 19 times from March 5, 2012 to November 20, 2014; the Defendant paid 49,008,000 won as interest until February 28, 2015; accordingly, it is recognized that the unpaid interest rate of 1,219,00 won as of February 28, 2015 is recognized.

As to this, the Defendant asserts that the Plaintiff paid the total amount of KRW 115,215,204 to the Plaintiff, it is insufficient to recognize that the Defendant paid the total amount of KRW 115,215,204 solely based on the reply of each order to submit financial transaction information to Domins, Nonghyup Bank, Nonghyup Bank, Nonghyup Federation, and New Bank Co., Ltd. in addition to the partial repayment

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the principal and interest of KRW 54,916,00 (=the amount of KRW 96 million - the principal and interest of KRW 42,303,00,000) and interest calculated at the rate of 24% per annum per annum from March 1, 2015 to the date of full payment of the remainder of the principal and interest of KRW 53,697,00.

If so, the plaintiff's claim is justified.

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