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(영문) 서울동부지방법원 2019.09.20 2018나30766
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 24, 2013, the Plaintiff agreed to lend KRW 5,000,000 to the Defendant on December 24, 2013, with the interest rate of KRW 4.5% per annum on November 22, 2014, and the principal and interest of KRW 430,00 per month (=interest of KRW 416,667) paid in 12 installments.

B. The Plaintiff loaned KRW 5,00,000 to the Defendant on July 9, 2014 as the due date for reimbursement on July 9, 2015. The Plaintiff determined and lent KRW 5,000,000 on October 14, 2014 as the due date for reimbursement on October 14, 2015. The method for repayment of interest and the principal and interest are all the same.

As set forth in the same paragraph.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 8 (including virtual number), the purport of the whole pleadings

2. As to the loan claim

A. The defendant alleged by the plaintiff against the plaintiff.

each loan described in subsection (hereinafter “instant loan”) from April 13, 2015 to the same year

5. 8,33,32 won of the remainder of the leased principal except for the principal and interest repaid in four installments until 29 (10,000,000 won of the total leased principal - 416,667 won x 4 times) and damages for delay shall be paid.

B. The facts without dispute over judgment, Gap evidence No. 5, and the purport of the entire pleadings are as follows. The defendant repaid 430,000 won with interest and interest in 26 times from December 2013 to May 29, 2015, and 12 times out of the aforementioned repayment amount.

The repayment of the loan mentioned in subsection (1), 14 times is recognized to have been appropriated for the repayment of the loan mentioned in this subsection.

Therefore, the Defendant is obligated to pay interest and delay damages calculated at the rate of 4.5% per annum, which is the agreed interest rate from May 30, 2015 to the date of final repayment, as sought by the Plaintiff, at the 10th installment repayment (24 times in installments for the instant loan - 14 times in installments paid by the Defendant) of the instant loan principal amounting to 4,166,670 won (i.e., 416,667 won per one time x 10 times in installments) and as to this, from May 30, 2015 to the date of full repayment.

The plaintiff's assertion is justified within the above scope of recognition.

3. On the defendant's defense of set-off

A. The defendant's defense.

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