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(영문) 창원지방법원 2018.11.08 2018나1012
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 3,263,429 as well as to the plaintiff on October 2016.

Reasons

1. Basic facts

A. On June 9, 2010, the Plaintiff: (a) set the Defendant as interest rate of KRW 8,000,000 (hereinafter “instant loan”) at 24% per annum; and (b) lent the instant loan to the Defendant.

Amount of June 10, 2010; KRW 160,000; KRW 160,000 on July 10, 2010; KRW 2,00,000 on August 16, 2010; KRW 120,000 on September 16, 2010; KRW 120,000 on October 16, 2010; KRW 120,000 on June 16, 201; KRW 0. 16. 0,00 on June 16, 200; KRW 10. 10,00 on June 16, 201; KRW 10. 10 on October 16, 201; KRW 10 on October 16, 201 on December 120, 201; and KRW 10,00 on June 16, 2010.

B. From June 10, 2010 to June 8, 2013, the Defendant remitted money to the Plaintiff with the repayment of the instant loan as indicated in the following table.

Method of payment of the amount of KRW 500,000,000 on April 28, 2014; KRW 600,000 on May 12, 2014; KRW 600,000 on June 20, 2014; KRW 50,000 on July 25, 2014; KRW 50,000 on August 29, 2014; KRW 50,000 on September 28, 2014; KRW 50,000 on June 50, 200 on June 30, 200, KRW 00 on June 30, 2016; KRW 30,000 on June 30, 200 on June 30, 2016; KRW 14 on June 30, 2016; and KRW 730,630, Jun. 30, 2016.

C. From April 2014 to October 26, 2016, the Defendant’s birth C remitted money or paid money in cash to the Plaintiff as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the above loan, interest on the agreement, and delay damages to the plaintiff, unless there are special circumstances.

B. As to the Defendant’s claim on the exemption of 1 interest obligation, the Defendant, around 2013, paid the interest through Dong C with the Defendant and paid the remainder of the principal.

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