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부산지방법원 2020.01.10 2019나3216

대여금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. The parties' assertion

A. On July 3, 2007, the Plaintiff loaned 10 million won to the Defendant at the interest rate of 2% per month until September 201, and 1% per month thereafter. On October 5, 2011, the Plaintiff determined and lent 10 million won to the Defendant as interest rate of 1% per month. Since the Defendant did not pay interest on each of the above loans from August 2016 to May 201, the Defendant is obligated to pay to the Plaintiff a total of 20 million won of the above loans and interest interest of 4.2 million won per month from August 2016 to May 2018 (i.e., total of interest of 10 million won per month calculated as 1% per month x 21 month) and delay damages.

(A) The Plaintiff filed a claim for KRW 24.2 million in the purport of the claim and damages for delay thereof without disclosing the detailed calculation details. However, in light of the fact that the total amount of principal of the loan sought in the cause of the claim is merely KRW 20 million, and the agreed interest rate and the overdue period claimed by the Plaintiff, it is deemed that the Plaintiff filed a claim for damages for delay on the accrued interest portion by adding the interest for 21 months to the principal amount as above.

Defendant 1) On July 3, 2007, the Defendant did not borrow KRW 10 million from the Plaintiff, and on July 2, 2007 (the Defendant asserted that July 4, 2007 was July 4, 2007, but it appears to be an error when considering the entry of subparagraph 1 in subparagraph 1.

(2) On October 5, 2011, the Defendant borrowed KRW 20 million and repaid all of the amounts repaid on September 28, 2007. However, the Defendant repaid KRW 11,400,000 in total until August 1, 2016, and thus, was appropriated for the principal of the loan and the interest calculated at the interest rate of KRW 11,40,000 at the rate of 1% per month for which the Plaintiff seeks (the Defendant invoked the Plaintiff’s claim on this portion in the reply of November 30, 2018 as the benefit of the Plaintiff’s claim on this portion). If the amount to be repaid by the Defendant is appropriated for the interest calculated at the rate of KRW 4,392,876 as the principal of the loan and the interest calculated at the rate of KRW 12% per annum from August 2, 2016.

2. Determination

A. Determination Nos. 1, 2, and 2 as to the loan of July 3, 2007 each of the evidence No. 1, 2, and 2.