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(영문) 의정부지방법원 고양지원 2017.01.18 2016가단2256
대여금
Text

1. The defendant shall pay to the plaintiff KRW 70,897,665 and KRW 70,000 among them, 24% per annum from January 17, 2014 to the date of full payment.

Reasons

1. In full view of the purport of the entire pleadings, the Plaintiff’s loan of KRW 100 million to the Defendant on January 15, 2013 as the due date for repayment and interest rate of 2% on May 15, 2013, based on the evidence No. 1 written in the judgment as to the cause of the claim No. 1. 1.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 70,897,65 (Calculation Details as shown in the attached Table. The Plaintiff’s interest KRW 2 million on February 15, 2013, KRW 200,000 on March 18, 2013, KRW 150,000,000 on April 16, 2013, KRW 2130,00 on May 16, 2013, KRW 200,000 on June 17, 2013, KRW 200,000 on July 15, 2013, KRW 200,000 on September 16, 2013, KRW 140,000,000 on September 14, 2013, KRW 16,014,000,000 on the date of payment of the principal to the Plaintiff.

2. The Defendant asserts that, from January 18, 2013 to September 16, 2014, the Defendant paid all KRW 426,656,00 to the Plaintiff, and the Plaintiff paid all KRW 403,420,00,00 including the above KRW 100,000,000 to the Defendant. The Defendant asserts that all of the above loans were repaid since the said loans were paid to the Plaintiff.

As recognized in paragraph (1), the Defendant paid to the Plaintiff the amount equivalent to 2% interest of KRW 100 million per month from February 15, 2013 to August 2013. The Defendant repaid the principal amount of KRW 30 million on September 6, 2013 and paid the amount equivalent to 2% interest of KRW 70 million per month on the remainder of each month from September 6, 2013 to January 2014; the Defendant, in monetary currency with the Plaintiff on December 15, 2014, stated to the effect that the Defendant is liable to repay KRW 70 million.

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