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(영문) 의정부지방법원고양지원 2019.05.15 2018가단94068
대여금
Text

1. The Defendant shall complete payment to the Plaintiff with regard to KRW 129 million and KRW 110 million among them from November 10, 2018.

Reasons

1. Facts of recognition;

A. A. Around November 201, the Plaintiff became aware of the Defendant, a mother of C, through C, who was living together with the Plaintiff, and the Defendant operated a childcare center from March 2012.

B. On February 25, 2013, the Plaintiff and the Defendant drafted a loan certificate with the following content (hereinafter “the first loan certificate”).

The Plaintiff shall lend KRW 50 million to the Defendant on February 25, 2013, and shall calculate the daily interest of KRW 1 million in two copies on February 25, 2013, and pay KRW 1 million to the Plaintiff.

C. C prepared a loan certificate with the following content (hereinafter “the second loan certificate of this case”) and the signature and seal of the Plaintiff and the Defendant are not indicated in the second loan certificate of this case.

The Plaintiff’s KRW 50 million to the Defendant on February 26, 2013

3. A loan of 18.6 million won shall be paid in KRW 1 million on the 25th day of each month for interest on the loan and KRW 1.2 million on the 18th day of each month.

On February 26, 2013, the Plaintiff remitted to the Defendant KRW 50 million, and KRW 588 million on March 18, 2013, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, witness C's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff leased KRW 10 million to the Defendant at 24% per annum, with interest rate of KRW 10 million, and paid KRW 18.8 billion, excluding advance interest of KRW 1.2 million, to the Defendant.

However, the Defendant paid interest of KRW 2,20,000 per month agreed on January 2018, including interest calculated by deducting the Plaintiff in advance, but did not pay KRW 19,80,000 (=2,200,000 won x 9 months) for the total interest from February 2018 to October 2018.

Therefore, the defendant is obligated to pay to the plaintiff 120 million won with interest of KRW 19.8 million and interest of KRW 110 million with interest of KRW 19.8 million and interest of KRW 129.8 million with interest of KRW 100 million with interest of KRW 110 million with interest of KRW 15% per annum from the day after the original copy of the payment order in this case is served to the day of full payment.

B. The Plaintiff received money from the Defendant.

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