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(영문) 대구지방법원서부지원 2020.11.04 2020가단1923
약정금
Text

1. The Defendants jointly pay to the Plaintiff KRW 74,612,328, and KRW 50,000 among them, with full payment from June 28, 2020.

Reasons

1. According to the overall purport of each of the statements and arguments set forth in Gap evidence Nos. 1 through 4 (including each number, if any) as to the cause of the claim, the plaintiff remitted the total amount of KRW 50,000,000 to the account in the name of the defendant C on January 23, 2003, and the total amount of KRW 50,000,000 to the account in the name of the defendant C on March 5, 2003, and the defendants recognized that the plaintiff borrowed KRW 50,000,000 on June 3, 2009 and paid it on the date desired by the plaintiff.

“A certificate of cash custody was prepared and issued by Defendant B, March 16, 2010, that “The Plaintiff will pay KRW 50,000,000 to the Plaintiff until December 31, 2015 and pay interest calculated at the rate of 0.5% per month.” It is recognized that the Defendants paid the Plaintiff KRW 300,000 on May 31, 201 to the Plaintiff as interest on the loan, and that the Defendants paid KRW 300,000 on July 16, 201, KRW 30,000 on December 30, 201, KRW 16,200 on December 16, 201, KRW 10,000 on November 26, 2012, KRW 10,000 on December 26, 2013, KRW 10,000,000 on the interest on the loan.

According to the above facts, the Defendants jointly borrowed KRW 50,00,000 from the Plaintiff on December 31, 2015 and agreed to pay interest at an interest rate of KRW 0.5% (6% per annum) from March 16, 2010. From March 16, 2010 to June 27, 2020, the date of the final delivery of the copy of the instant complaint, the above agreement was reached, and the Defendants were liable to pay interest at an annual rate of KRW 25,712,328 [ = 50,00,00 x 50 x 200,000 x 10,000 x 200,000 won per annum from March 16, 2010 - 200,000 won per annum, 200,000 won per annum - 360,500,000 won per annum from the date of the instant complaint.

The plaintiff on the day following the date on which the loan certificate is drawn up with respect to the above borrowed money.

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