(영문) 수원지방법원여주지원 2016.10.13 2015가단25640

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(영문) 수원지방법원여주지원 2016.10.13 2015가단25640

대여금

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1. Defendant B’s KRW 50 million and the Plaintiff’s 12% per annum from October 13, 2015 to October 13, 2016.

Reasons

1. Determination as to the claim against the defendant B

A. In full view of the facts that there is no dispute between the parties to the basic facts, Gap evidence No. 1, and Eul evidence No. 2, the plaintiff and defendant No. 2 may recognize the fact that the plaintiff and defendant No. 2 prepared a certificate of borrowing with the purport that the plaintiff would repay the loans that the plaintiff lent to the defendant No. 2 by October 2014 to the defendant No. 14, Feb. 14, 2014; the loan No. 70 million won (hereinafter "the loan of this case") and the interest rate No. 1% per month; and the defendant No. 2 will repay the loans by December 30, 2015.

B. The gist of the parties’ assertion is that the Plaintiff claimed payment of the principal amounting to KRW 50 million among the instant loans from September 1, 2014 to the delivery date of a duplicate of the complaint of this case, 12% per annum under the agreement, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

The Defendant asserts that all interest on the instant loan was paid up to July 2015, and that the Defendant repaid KRW 22 million in total as the repayment name of principal.

C. In full view of the facts in dispute between the parties to the judgment, evidence No. 3 and evidence No. 1, the fact that the Defendant paid to the Plaintiff KRW 600,000,000 as the repayment of the instant loan, KRW 10,000,000,000 on June 30, 2014, KRW 200,000,000 on June 1, 2015, and KRW 6 million on October 1, 2015, by taking account of the overall purport of the pleadings as a whole.

If the aforementioned amount is appropriated for the interest and principal of the instant loan, 600,000 won and interest thereon, 7 million won and interest thereon, 3,152,876 won and interest thereon, from February 14, 2014 to June 30, 2014 (70,000 won x 0.12 x 137/365 x 137/365), interest rate of 60,000 won out of the total of 2,52,876 won and interest rate of 7,00,000 won and interest of 2,52,878,90,000 won and interest of 7,000 won until January 28, 2015 x 2,12,365,2784,2785,2785,2785,781,200 won and interest rate of 2,57,2005,2781

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