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(영문) 서울남부지방법원 2016.08.09 2015가단8302
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 73,00,000 as well as KRW 50,00,000 from August 6, 2015 to the date of full payment.

Reasons

1. The Plaintiff asserted that the Plaintiff leased KRW 100,000,000 to the Defendant on September 11, 2012, and KRW 100,000,000 on November 12, 201 of the same year by setting the interest rate as KRW 2% per month.

Of the above loans, the principal amounting to KRW 50,000,000 as of August 5, 2015 and interest KRW 23,000,000 have not been paid.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest of KRW 73,00,000 and the loan principal of KRW 50,000,000 with interest calculated at the rate of 24% per annum from August 6, 2015 to the day of full payment.

2. Facts of recognition;

A. The Plaintiff set the interest rate of KRW 100,000,000 on September 11, 2012 and KRW 100,000 on November 12 of the same year to the Defendant as 2% per month.

B. The Defendant: (a) paid part of the principal and interest of the loan to the Plaintiff on February 26, 2013; and (b) KRW 30,000,000,000 on February 28, 2013; and (b) the same year.

3. The total amount of KRW 120,000,000,000, etc. was paid by each cashier’s checks.

C. On September 5, 2013, the Plaintiff and the Defendant’s father C settled that the outstanding principal of the loan between the Plaintiff and the Defendant was KRW 50,00,000, and that the interest accrued up to that time was paid.

On April 28, 2014, when investigating the case of special larceny against the Plaintiff, both the Plaintiff and the Defendant stated that the Plaintiff and the Defendant were paid KRW 200,000,000 out of the loan principal of KRW 250,000,000, and did not receive KRW 50,000.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 1-1 to 3, the purport of the whole pleadings

3. Determination

A. According to the facts described in paragraph (2), on September 5, 2013, the Defendant, as of September 5, 2013, extended a loan of KRW 50,000,000 to the Plaintiff and the same month.

6. The interest calculated at a rate of 24 per annum has not been paid thereafter.

Therefore, the Defendant is obligated to pay to the Plaintiff interest of KRW 73,00,000 (i.e., KRW 50,000,000 on the leased principal of KRW 50,000,000, which is calculated by the ratio of 24% per month between September 6, 2013 and August 5, 2015) and interest of KRW 50,000,000 on the leased principal of KRW 24% per annum from August 6, 2015.

B. As to this, the defendant shall make two recommendations.

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