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(영문) 대구지방법원 2017.02.15 2016나305479
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. On June 28, 2014, the Plaintiff asserted that the Plaintiff lent KRW 1,00,000 to the Defendant at an annual interest rate of 24%, and that interest on the said loan is KRW 131,506 in total until January 14, 2015.

On July 17, 2014, the Plaintiff lent KRW 1,000,000 to the Defendant at an annual interest rate of 24%, and the interest on the loan up to January 14, 2015 is the total of KRW 120,666.

Therefore, the defendant is obligated to pay to the plaintiff 2,252,172 won (=1,00,000 won per 131,506 won) and damages for delay calculated at the rate of 24% per annum from the day after the original copy of the payment order of this case is served to the day of full payment.

B. The Plaintiff, on June 28, 2014, lent the amount of KRW 1,00,000 to the Defendant at an annual interest rate of 20% (hereinafter “the first loan”). On July 17, 2014, the Plaintiff loaned the amount of KRW 1,000,000 at an annual interest rate of 20% (hereinafter “the second loan”) at an annual interest rate of 1,00,000, there is no dispute between the parties (the Plaintiff claims payment of interest or delay damages calculated at an annual rate of 24%, but the Defendant stated that “the agreement is 20% per annum” was “the agreement is 20% per annum), and there is no evidence supporting that the interest rate of the first and second loans is 24% per annum.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the sum of KRW 2,00,000,000 and interest or delay damages thereon [including the interest accrued until January 14, 2015, including the day following the service date of the original copy of the instant payment order ( January 20, 2015)]. The Plaintiff’s assertion that exceeds the above recognized scope is without merit.

2. Judgment on the defense

A. On January 28, 2015, after the Defendant was served with the original copy of the instant payment order, the Defendant transferred KRW 3,351,698 to the Plaintiff’s deposit account on January 28, 2015, with the principal and interest of the first, second, loan, etc., thereby repaying all the obligations against the Plaintiff (or the remitter C (the Defendant).

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