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(영문) 춘천지방법원 강릉지원 2021.03.23 2020가단35256
대여금
Text

The defendant shall pay 50,00,000 won to the plaintiff and 12% per annum from December 6, 2020 to the day of complete payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 through 8 and arguments on the cause of the claim, it can be acknowledged that the plaintiff loaned 50 million won to the defendant on October 25, 2019 with interest rate of 3% per month and due date of repayment on January 25, 2020. After that, the defendant paid 7.5 million won to the plaintiff as interest, which is the interest rate of 24% per annum from the above lending date to June 10, 2020, which is the interest rate of 50 million won under the Interest Limitation Act, or interest rate of 24% per annum from the above lending date to the late June 10, 2020. Accordingly, the defendant is obligated to serve the plaintiff the above loan Nos. 50 million won as the above loan interest rate of 50 million won and the payment order that the plaintiff seeks as the payment order after the due date of payment and the payment order after the last payment date of interest rate limit of 10% per annum and 20% per annum under the above agreement.

2. Judgment on the defendant's assertion

A. First of all, the Defendant asserted that the Plaintiff should delay the repayment period of the instant loan, but there is no evidence to acknowledge this. Thus, the Defendant’s above assertion is without merit.

B. Next, the Defendant alleged to the effect that it cannot accept the Plaintiff’s claim until it was returned from the Plaintiff, since the Defendant offered the Plaintiff a handout as a collateral for the instant loan loan, but the instant loan loan obligation is not related to the Defendant’s obligation to return the above security deposit at the same time, but is related to the prior performance. Accordingly, the Defendant’s assertion on a different premise is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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