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(영문) 전주지방법원 2017.09.22 2016가단28288
대여금
Text

The defendant shall pay 80,00,000 won to the plaintiff and 15% per annum from March 1, 2012 to the day of complete payment.

Reasons

From August 12, 2008 to May 6, 2011, the Plaintiff’s claim on the cause of the claim was determined and lent KRW 110,00,000 as interest rate of KRW 2,20,000 per month (payment on February 10, 201), and the interest was not paid after February 10, 2012.

Therefore, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 24% per annum from February 11, 2012 to the date of full payment.

Judgment

In full view of the purport of the entire pleadings in the statement No. 1-1, No. 2, No. 4, and No. 5 of the principal, it is recognized that the Plaintiff paid KRW 80,000,000 to the Defendant on Oct. 16, 2009 in the name of the Plaintiff, the Plaintiff’s spouse, or the Plaintiff’s Silter on August 12, 2008, and KRW 20,000,000 on September 14, 201, and KRW 33,00,000 on September 33, 200, and KRW 80,000,000 on May 6, 201, comprehensively taking account of the overall purport of the pleadings in the statement No. 3 and No. 5-1 of the evidence No. 5-1, it is reasonable to deem that the Plaintiff paid the Defendant the loan as a loan.

The plaintiff asserted that he lent KRW 20,000,000 to the defendant on February 11, 2011, but it is insufficient to recognize it only by the statement in subparagraph 1-3.

In full view of the purport of evidence No. 5-1 of interest, it is recognized that the Plaintiff and the Defendant agreed to pay the Plaintiff the annual interest rate of KRW 1,000,000 (15% if the interest rate is calculated based on principal amount of KRW 80,000,000) from May 4, 2010.

The Plaintiff asserted that the Defendant agreed to pay the Plaintiff KRW 220,000,000 per month interest to the Plaintiff. However, it is insufficient to recognize the Plaintiff’s statement on the evidence No. 1-6 alone.

Therefore, according to the theory of lawsuit, the defendant's interest rate of 15% per annum, which is the agreement from March 1, 2012 (al.e., the statement No. 1-6 of the evidence No. 1-6 of the plaintiff) to the date of full payment, is calculated with the interest rate of 80,000,000 won and the interest rate of 15% per annum from March 1, 2012.

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