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(영문) 수원지방법원 안산지원 2018.04.04 2017가단15638
약정금
Text

1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate from January 1, 2017 to August 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, having the creditor as the wife of the Plaintiff and the Defendant as C, prepared a loan certificate four times as shown below.

The interest on the repayment date of the loan shall be KRW 10 million on December 26, 2013; KRW 50 million on March 21, 2014; KRW 150 million on March 21, 2015; KRW 300,000 on July 14, 2014; KRW 150,000 on July 14, 2015; KRW 100,000 on October 31, 2014; and

On June 15, 2016, the Defendant repaid to the Plaintiff KRW 350 million out of the principal of the borrowed amount, and recovered the loan certificates of KRW 1,2, and 4 from the Plaintiff equivalent to the said amount.

C. The Defendant remitted to the Plaintiff KRW 4 million each on August 10, 2016, September 12, 2016, October 14, 2016, November 16, 2016, November 16, 2016, November 16, 2016, December 13, 2016, and January 11, 2017.

On March 9, 2017, the Defendant prepared and rendered to the Plaintiff a loan certificate of KRW 50 million with the due date and the due date as of December 31, 2016 (hereinafter “the instant loan certificate”).

[Ground of recognition] The evidence Nos. 1 through 4, Eul Nos. 1, 3, 4, and 6 (including paper numbers), the witness D's testimony and the purport of the whole pleadings

2. According to the respective statements in Gap evidence Nos. 5 through 8, witness D’s testimony, and the purport of the entire pleadings, there was no explicit agreement on the loan certificates Nos. 3 and 4 in the above table, and there was a dispute as to interest on the above loan amount between the plaintiff and the defendant. The plaintiff and the defendant first made, around June 2016, the defendant paid interest at an annual interest rate of KRW 400,000 per annum and decided to settle interest again at the annual end of six months. The plaintiff and the defendant agreed to consult with the plaintiff on March 9, 2017, at an interest rate of KRW 2% per month from June 15, 2016 to KRW 70,000 to KRW 80,000,000,000 from August 10, 2016 to November 1, 2017, and only the defendant paid interest at an annual interest rate of KRW 50,500,000,000.

Therefore, the defendant's above 50 million won and this is applicable to the plaintiff.

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