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(영문) 전주지방법원남원지원 2020.08.12 2020가단347
대여금
Text

1. The defendant shall pay 88 million won to the plaintiff and 12% per annum from January 22, 2020 to the day of complete payment.

Reasons

1. Assertion and determination

A. Determination as to the cause of claim 1) The following facts are either not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statement Nos. 1 and 2. ① The Plaintiff loaned a total of KRW 78 million to the Defendant as listed below. The Defendant, upon entering into an agreement with the Plaintiff on November 30, 2018, KRW 20 million on September 28, 2018, KRW 300,000,000 to KRW 30,000,000,000,000 to KRW 30,000,000,000 on October 25, 2018, 2018, was not paid until the loan was borrowed from the Plaintiff until the loan was borrowed from the Plaintiff.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the total amount of KRW 88 million (= KRW 78 million) and damages for delay.

B. On the part of the defendant's assertion, the defendant asserts that "the defendant agreed to continue to mediate the case where the plaintiff and the principal and interest are not repaid when he borrowed money from the plaintiff, and the defendant paid the plaintiff a total of KRW 16,250,000 as interest."

However, there is no evidence to prove that the Defendant agreed to adjust the repayment period when the Defendant borrowed money from the Plaintiff, and even if so, there is no evidence to prove that the Plaintiff and the Defendant agreed to suspend the repayment period for the loans of KRW 88 million as seen earlier.

In addition, the defendant is 1,6250,000 won as interest for the plaintiff.

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