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(영문) 서울동부지방법원 2020.10.28 2020가합528
대여금
Text

The defendant shall pay to the plaintiff KRW 455,66,60, and KRW 100,000 among them, from April 1, 2020 to the time of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s lending of money to the Defendant 1) On May 31, 2018, the Plaintiff is entitled to KRW 100 million per month to the Defendant, and KRW 200 million per month to receive interest rate of KRW 1.5% per month to KRW 300 million (hereinafter “the instant primary lending”). The Plaintiff is subject to lending KRW 300 million to the Defendant.

(2) On January 24, 2019, the Plaintiff lent KRW 300 million to the Defendant at an interest rate of KRW 1.5% per month (hereinafter “instant secondary lending”).

B. On December 24, 2019, the Defendant repaid KRW 200 million among the instant loans, and paid interest of KRW 100 million up to April 20, 2019. The Defendant paid interest of KRW 100 million up to May 30, 2019. (2) By March 16, 2020, the Defendant sent the instant principal and interest of KRW 10,866,660 (i.e., interest of KRW 10,866,660 (= interest of KRW 10,866,60) on the remaining principal and interest of KRW 100,00,00,000 (= interest of KRW 30,000,000) and KRW 34,480,000,000,000,000 to KRW 366,660 (hereinafter “the remainder of the instant loan”).

[Ground for recognition] Unsatisfy

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 45,66,60 billion won with the remaining principal and interest of 455,66,660 won and the remaining principal and 100 million won of the loan of this case among the loans of this case, 12% per annum under the agreed interest rate from April 1, 2020 to the date of full payment, and 300 million won with the interest rate of 18% per annum from April 1, 2020 to the date of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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