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Reasons
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(영문) 서울남부지방법원 2018.04.27 2017가단16208
대여금
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1. The defendant shall pay 38,700,000 won to the plaintiff and 15% per annum from July 5, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent a total of KRW 25 million to the Defendant on August 6, 2004, and KRW 25 million on June 2, 2005.

B. The Defendant repaid the Plaintiff a total of KRW 17.8 million from September 2004 to February 2, 2015, as indicated in the “paid interest” column in the attached Table on Claim for Loans, and repaid the Plaintiff KRW 1,7.8 million on February 1, 201, KRW 50 million on August 23, 201, KRW 10 million on August 23, 2013, and KRW 10 million on April 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that, among the instant loans, the Plaintiff paid KRW 20 million in total as principal ( KRW 5 million on February 1, 201, KRW 10 million on August 23, 201, KRW 10 million on August 23, 2013, KRW 10 million on April 26, 2016, the Plaintiff agreed to be paid interest at the time of lending to the Defendant at the rate of KRW 24% per annum, and that the unpaid interest at the time of lending reaches KRW 38,70,00 as indicated in the attached Table. Accordingly, the Defendant did not separately enter into an interest agreement at the time of borrowing, and the Plaintiff asserted that all of the repayment claims by the Plaintiff were discharged in installments, and thus all of the loan obligations were extinguished.

B. We examine the following circumstances: (a) the Defendant lent the Plaintiff KRW 400,000,000,000 to the Plaintiff on August 6, 2004 at a fixed period of time; and (b) the Defendant paid KRW 800,000 on the next payment date if it is not paid in installments; and (c) the Defendant additionally lent KRW 5 million on June 2, 2005 at the intervals of two or more months, and paid KRW 100,000,000 or KRW 3 million at the end of two or more months. This is the fact that the leased principal was changed to KRW 25,00,000,000,000 for several times per month, and the amount of the principal to be paid in installments is to be paid in installments.

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