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(영문) 제주지방법원 2018.07.16 2017가단10465
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 24% per annum from March 15, 2017 to the date of full payment.

Reasons

1. According to each of the statements in Gap evidence No. 1 and Eul evidence No. 1 as to the cause of the claim, according to the purport of the whole pleadings, it is recognized that the plaintiff's agent C, on October 14, 2016, lent KRW 100 million to the defendant's Dong G account under the joint and several surety of D, E, and F on October 14, 2017, with the interest rate of KRW 2% per month and the due date of repayment as of October 14, 2017. The defendant agreed to lose the benefit of time when the payment of interest is delayed at one time, and that the defendant did not pay interest after March 14, 2017.

According to the above facts, since the defendant lost the benefit of time due to overdue interest, the defendant is obligated to pay the plaintiff the interest of KRW 100,000,000 and the interest for delay calculated by the rate of 24% per annum from March 15, 2017 to the day of full payment, which is the day following the day of loss of time limit.

2. Judgment on the defendant's assertion

A. (1) The Defendant borrowed KRW 100 million from the Plaintiff’s agent C on October 14, 2016, and borrowed KRW 250 million from H’s agent C on October 18, 2016 and KRW 350 million in total.

(2) On October 25, 2016, the Defendant sought to repay all of the above loan obligations.

Accordingly, C deposited KRW 200 million in H’s account out of the loan amount of KRW 350 million, and ordered D to deposit the remainder KRW 150 million in person.

(3) Accordingly, on October 25, 2016, the Defendant remitted KRW 200 million to H. Meanwhile, D at the time assumed the Defendant’s father I with the Defendant’s obligation of KRW 88,100,000 (which appears to be a clerical error in the amount of KRW 81,90,000), and the Defendant remitted the remainder of KRW 68,100,000 after deducting the Defendant’s obligation of KRW 81,90,000 from the amount of KRW 15,500,000 that C would deposit to D., thereby repaying the Defendant’s debt in full.

(4) The direction of C to pay the above repayment method to the Defendant is to reduce the prosperity by lending the same money to D after receiving reimbursement from the Defendant.

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