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(영문) 제주지방법원 2018.11.29 2017가단52919
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 29,00,000 and the interest rate of KRW 18% per annum from January 1, 2009 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff loaned money to Defendant B on several occasions from May 23, 1998 or October 18, 2000 (the first time of loan is disputing the period. The lower judgment on the total amount of loan) to April 23, 2003 (hereinafter “instant loan”). Without having separately determined the due date, the interest rate was set at 2% per month, and later adjusted to 1.5% per month.

B. Until August 28, 2008, Defendant B transferred KRW 20,000,000 on May 28, 2001, and KRW 1,000,000 on October 26, 2001, and KRW 1,20,000 on July 3, 2002 (one hundred,120,000,000 out of which was sent as interest, but 120,000 out of which was sent as principal, Defendant B sent KRW 120,00 as principal payment).

(In addition to the Defendant, the Defendant asserts that he paid the additional amount of KRW 9,00,000 by means of a check or cash, and KRW 20,000,000 by a check, and the Plaintiff denies this, and then the Plaintiff deals with the determination on the total amount of the payment as follows.

원고와 피고 B는 2008. 8.경 D 커피�에서 이 사건 대여금 총액, 변제금 총액, 피고의 미변제금 총액 등 원고와 피고 B 사이에서 이루어진 금전 거래를 정산하고자 하는 자리를 가졌다. 라.

On September 1, 2008, Defendant B paid KRW 2,000,000 to the Plaintiff, and KRW 14,000,000 on December 11, 2008 to the Plaintiff as principal amount of unpaid payment.

E. Of the respective amounts paid by Defendant B to the Plaintiff, there is no dispute between the parties that Defendant B paid the principal to the Plaintiff as the interest of the principal leased from the Plaintiff.

Of KRW 10,120,000 paid to the Plaintiff on July 3, 2002, there is no dispute between the parties that the Defendant paid KRW 120,00 as well as interest.

F. Defendant C is the spouse of Defendant B.

[Based on recognition] Unsatisfy, witness E and F testimony, and part of the Party’s examination of Defendant B;

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