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(영문) 인천지방법원 부천지원 2017.03.15 2016가합101586
대여금
Text

1. As to the Plaintiff A’s KRW 301,378,958 and its KRW 290,000,000 among them, the Defendant shall start from June 14, 2016 to July 25, 2016.

Reasons

1. Determination as to the cause of claim

A. According to the reasoning of Gap's evidence Nos. 1 through 6 (including serial numbers; hereinafter the same shall apply), witness D's testimony and the purport of all pleadings as to Gap's claim, the payment period of which is 300 million won on June 12, 2014, and the monthly interest rate of a bank (based on the lending rate of CD linked loans) is set at the rate of June 30, 2015, and the base rate of the CD linked loan as of June 13, 2016 is 3.4632% per annum. Barring special circumstances, the defendant is liable to the plaintiff for 301,378,958 won (including serial numbers; hereinafter the same shall apply) with interest rate of 298,308,428,428 won and interest rate of 30.6% per annum from 200,600 to 30.6% per annum, 205% per annum, 2016.

(Plaintiff A sought interest rate of KRW 290,000,00 from June 13, 2016, but as seen earlier, the Plaintiff claimed that the interest accrued until June 13, 2016 was included in the loan principal and interest, and thus, the claim for this portion is without merit).

Plaintiff

B’s claim 1) The Plaintiff asserts that the Defendant lent a total of KRW 349,494,633,00 to the Defendant. 2) The Plaintiff asserted that the Defendant lent a total of KRW 349,49,63,00,000 to the Defendant.

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