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(영문) 대구지방법원 2020.02.21 2019가단21924
대여금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff and 12% per annum from February 1, 2020 to the day of complete payment.

Reasons

1. Chief;

A. Plaintiff’s assertion 1) The Plaintiff lent KRW 100,000,000 to the Defendant. The Defendant paid KRW 700,000 per month interest on September 19, 2018 to KRW 100,000,000 per month; however, the Defendant agreed on September 20, 202 that the payment of interest would lose the benefit of the due date even once, and that the due date for repayment would be September 20, 2021. However, the Defendant did not pay interest after May 12, 2019.

Therefore, the Plaintiff is demanding the Defendant to pay the said money and the interest thereon at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 1, 2020 to the date of full payment.

B. The defendant's assertion that the defendant paid KRW 77,100,000 to the plaintiff with respect to the above obligation.

2. According to the evidence No. 1 in the board, the facts alleged by the Plaintiff can be fully acknowledged.

Therefore, the defendant is obligated to pay to the plaintiff 10 million won with 12% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 1, 2020 to the day of full payment.

In light of the Defendant’s assertion on reimbursement of KRW 77,100,000, the date of preparation of evidence No. 1, and the description of evidence No. 1 as to the Defendant’s assertion on reimbursement of KRW 100,000,000, the Defendant borrowed KRW 77,100,000 from the Plaintiff around September 19, 2014, and paid KRW 77,100,000 as interest payment for KRW 100,000 to October 20, 2019. Accordingly, the Plaintiff and the Defendant prepared a loan certificate to pay KRW 100,000,000.

Therefore, the defendant's assertion of repayment cannot be accepted.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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