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(영문) 서울동부지방법원 2020.07.02 2018가단142224
대여금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 134,450,00 and its KRW 54,450,00 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 134,450,00 on July 11, 2018.

Reasons

1. Determination on the main claim

A. There is no dispute between the parties to the facts of recognition or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 and 2, the following facts may be acknowledged:

1) From January 5, 2007 to May 24, 2017, the Plaintiff lent a total of KRW 150 million to the Defendant as indicated in the following table (hereinafter referred to as “each of the following loans”) without fixing the due date for repayment of 0.4% per annum of KRW 00,000 per annum of 00,000 per annum of 200,000 per annum of 30,000,000 per annum of 20,000 per annum of 40,000 per annum of 20,50,000 per annum of 20,000,000 per annum of 30,50,000 per annum of 20,000,000 per annum of 20,000,000 per annum of 40,000 per annum of 20,000 per annum of 40,0000 per annum of 205,2005.

(2) The Defendant repaid the Plaintiff KRW 10 million on March 13, 2007 out of the total of KRW 40 million and KRW 20 million.

From January 23, 2010 to the Plaintiff, as shown in the corresponding portion of the repayment statement, the Defendant borrowed money No. 5 to the Plaintiff.

4. By 22.2. Around May 24, 2010, 510,000 won of the principal and interest were paid in 10,000 won per annum.

3) On May 10, 2010, the Defendant borrowed KRW 30 million (6), and repaid KRW 600,000 per annum to the Plaintiff at an interest rate of KRW 24% per annum from June 10 to October 9, 2010 as indicated in the relevant portion of repayment in the annexed sheet, and repaid KRW 35,00,000 per annum to the Plaintiff on October 5, 2010 after borrowing KRW 500,000 (7 loans). The Defendant repaid the above total amount of KRW 35,00,00 per annum from November 9, 2010 to September 10, 2015 (Provided, That interest was unpaid on July 10, 201, and the amount of interest was unpaid at an interest rate of KRW 700,00 per annum.

3.10,000 won;

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