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(영문) 의정부지방법원고양지원 2020.11.13 2020가단71679
대여금
Text

1. The defendant shall pay to the plaintiff KRW 13,137,483 as well as KRW 11,709,840 among them, from January 8, 2020 to the day of full payment.

Reasons

1. Summary of the parties' arguments

A. From February 15, 2016 to October 12, 2017, the Plaintiff leased KRW 44,650,000 to the Defendant as interest rate of KRW 20% per month. The Plaintiff received reimbursement of KRW 9,50,000 from the Defendant.

Therefore, the defendant is obliged to pay the remaining principal of the loan to the plaintiff KRW 34,650,00 and damages for delay.

B. From July 20, 2016 to December 27, 2019, the Defendant paid to the Plaintiff KRW 35,570,000 as the principal and interest of the above loan. The Defendant appropriated the money paid by the Defendant in the order of interest rates under the Interest Limitation Act and the principal, the said loan was extinguished by repayment.

2. Determination

A. From February 15, 2016 to October 12, 2017, the Plaintiff leased KRW 35,650,00 to the Defendant at 20% per annum as listed below may be recognized by either party or by the purport of the entire entries and arguments as stated in Gap evidence Nos. 1, 2, and 6. The Plaintiff asserted that KRW 1,00,000 on February 15, 2016 and KRW 60 on June 1, 2016, KRW 00, KRW 00, KRW 300, KRW 000 on June 1, 2016, KRW 00, KRW 300, KRW 00 on June 14, 2016; KRW 10, KRW 650, KRW 00 on July 10, 2016; KRW 5,000 on June 14, 2016; and

In light of the evidence No. 10-2, although the plaintiff was deemed to have withdrawn the money equivalent to the above amount from his own new bank account (C) at each of the above dates, it is insufficient to recognize that the plaintiff lent the above money to the defendant only by the above facts of recognition, and there is no other evidence to acknowledge otherwise.

B. The amount repaid by the Defendant to the Plaintiff and the amount appropriated by the Defendant to the Plaintiff are indicated in the separate sheet of calculation of appropriation amount with the principal and interest on the borrowed amount.

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