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(영문) 의정부지방법원 2020.10.29 2019가단13476
대여금
Text

The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 10,315,174 as well as the full payment from October 29, 2020.

Reasons

1. The Plaintiff loaned KRW 40 million to the Defendant on March 28, 201, with interest rate of KRW 30 million and KRW 20 million on a two-year loan period, respectively. The fact that the Plaintiff lent KRW 27, 200,000 on December 27, 201 to the Defendant on a two-year loan period is under dispute between the parties. Thus, the Defendant is obligated to pay the Plaintiff a total of KRW 50,000,000,000 to the Plaintiff, barring any other special circumstances.

2. Judgment on the defendant's defense and counterclaim

A. First, the Defendant asserts that, from April 29, 201 to May 4, 2018, the Plaintiff was obliged to pay KRW 9,650,000 to the Plaintiff the principal and interest of the said loan, and that, in order of the interest rate set by the Interest Limitation Act and the principal repaid by the Defendant, the said loan was extinguished when appropriated in order of the principal, and that, in excess of KRW 17,228,290, the Plaintiff is obliged to pay the Defendant the said amount as unjust enrichment.

In full view of the overall purport of the pleadings in evidence Nos. 1 through 6, the defendant's repayment of each of the above amounts of KRW 94,50,000 as principal and interest on loans of KRW 50,000,000 to the plaintiff on each date indicated in the table of repayment in the table of repayment in the annexed sheet of repayment. The defendant's repayment of each of the above amounts is recognized as having been made at each time of the above lending, and the former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 201; Act No. 1227, Jan. 14, 2014; Act No. 25376, Jun. 11, 2014; the defendant's repayment of each of the above amounts is extinguished in order of interest rate of KRW 30,000,000,000,0000,000,000) and the defendant's assertion that the above amounts would be extinguished.

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