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(영문) 부산지방법원 2015.11.13 2015가단202779
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,115,732 as well as KRW 5,050,000 among them, from January 16, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 10, 1990, the Plaintiff set the period of repayment of KRW 1.2 million to the Defendant on December 30, 1991. ② On September 24, 1990, the Plaintiff set the interest rate of KRW 2,00,000 as the due date and May 30, 1991; ③ on October 17, 1991, the interest rate of KRW 5,000 as the due date and June 30, 1992; and ④ on March 31, 1993, lent KRW 260,000,000 to the Defendant, respectively.

B. The Plaintiff received respectively KRW 500,000,000 on May 25, 1993 from the Defendant, KRW 500,000,000 on January 31, 2009, KRW 500,000 on January 31, 2009, KRW 2 million on December 24, 2010, KRW 2 million on July 15, 2013.

[Ground of recognition] Facts without dispute, entry in Gap 1 through 8, purport of the whole pleadings

2. Determination

A. It does not appear that the Plaintiff and the Defendant had any other claim or obligation than the above loan (the Defendant, denying the above loan and there is no evidence to acknowledge that the Defendant merely asserted that the Plaintiff had a debt of KRW 5,500,000,00,000, but, in light of the description A5, cannot be trusted), and each of the above items (a), (b), (c), and (d) has been paid for the repayment of the above loan.

If each of the above items (a), (b), (c), and (d) is appropriated for the repayment of the above loan obligation in the order of statutory appropriation of performance as stipulated in the Civil Code, each of the above amounts is appropriated for the full repayment of the interest accrued up to that time (including the interest accrued on the day) on January 15, 2015 (including the interest accrued up to that day) and remains 38,115,732 won of the principal and interest accrued up to that time.

(B) The phrase "two and five copies" means that the interest rate is 2% per month and 5% per month, provided that at the time when the Interest Limitation Act enters into force, interest shall be calculated within the range of the prevailing limit).

The defendant's defenses, etc. 1) The defendant's defenses to the effect that all of the above loans have been made; however, there is no evidence to acknowledge that there is the money that the defendant has been repaid other than the above loans, the above defenses are without merit. 2) The extinctive prescription period is not reasonable.

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