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(영문) 창원지방법원마산지원 2020.05.27 2019가단107671
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,935,00 and the interest rate of KRW 12% per annum from November 15, 2019 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged in light of the overall purport of the arguments in each of the evidence Nos. 1-1, 2, 2, and 3-1, 1-2, and 2-3.

1) From March 31, 201 to February 17, 2014, the Plaintiff loaned a total of KRW 42,500,000 to the Defendant as indicated in the item column for “loan” in the attached monetary transaction to the Defendant at 1% per month of agreed interest rate. 2) The Defendant paid the Plaintiff KRW 18,00,000 as indicated in the attached monetary transaction column from February 1, 201 to August 5, 2014, the Plaintiff paid KRW 18,00,000 among the above loans, and paid KRW 18,00,000,000 among the principal of the loan from June 29, 201 to February 17, 2014, the agreement was reached between the Defendant and the Defendant for the monthly repayment from February 1, 2010 to December 16, 2014 by paying KRW 5,210,000 as indicated in the “interest Payment column” column.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the remainder of KRW 24,500,000 as of August 5, 2014 (=the remainder of KRW 42,500,000 - KRW 18,500,000) as of August 5, 2014 (=the remainder of KRW 18,500,000) - the amount of KRW 15,435,000 per annum from August 6, 2014 to November 5, 2019 (=245,000 x 63 months)) and damages for delay calculated at the rate of KRW 15,435,00 per annum from August 6, 2014 to November 5, 2019).

2. Judgment on the defendant's assertion

A. As the Defendant paid the principal and interest of the above loan, the principal of the above loan remains more than 18,500,000 won.

B. Since there is no evidence to support the fact that the defendant paid the principal and interest of the above loan beyond the facts acknowledged in the above Paragraph 1, the above argument by the defendant 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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