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(영문) 인천지방법원 2018.10.04 2017가단40855
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 168,657,534 as well as KRW 80,00,000 among them, from November 1, 2017 to the day of full payment.

Reasons

1. The parties' assertion

A. On December 22, 2011, the Plaintiff agreed to lend KRW 30 million to the Defendant and to receive KRW 1 million per interest per month. On January 25, 2012, the Plaintiff agreed to lend KRW 50 million to the Defendant and to receive KRW 1.5 million per month.

On April 20, 2016, the Defendant did not pay interest properly, reduced to KRW 139,200,000 at the Defendant’s request by KRW 183,00,000,000, including the accrued interest KRW 13,300,000,000, and paid interest at KRW 24,000 per annum, and thus, is obligated to pay the money as stated in the purport of the claim.

B. Defendant 1) Although the Defendant borrowed KRW 30 million and KRW 50 million, the Defendant did not enter into an interest agreement. The Defendant remitted KRW 24.5 million to the Defendant, and the Defendant is obligated to pay only KRW 5.5 million as the principal was repaid. (ii) Even if the Defendant entered into an interest agreement, the amount of a interest agreement exceeding the Interest Limitation Act is null and void.

2. Facts of recognition;

A. The Plaintiff lent to the Defendant KRW 30 million on December 22, 2011, and KRW 50 million on January 25, 2012, respectively, and was remitted from the Defendant as follows.

Serial 1 1 on May 8, 2012, 200 2. 1,00,000 on June 1, 2012; 1,000,500 on June 1, 2012; 2,500,000 on July 31, 2012; 500,00 on September 31, 2012; 2,500 on September 3, 2012; 30,50,00 on September 2, 2015, 200, 10,50,000 on September 24, 2015, 200, 200, 200, 200 on December 42, 2012:

B. On April 20, 2016, the Defendant prepared a monetary loan agreement with the Plaintiff as follows, and received authentication at the notary public C office.

1. On April 20, 2016, the Plaintiff lent KRW 139,200,000 to the Defendant, and the Defendant borrowed this.

2. The Defendant decided to repay the said loan to the Plaintiff by September 24, 2016.

3.The interest shall be twenty-four per annum.

From May 24, 2016 to September 24, 2016, the 24th day of each month.

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