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(영문) 광주지방법원 2016.11.09 2015가단42136
차용금
Text

1. The defendant shall be calculated with 50,000,000 won and 20% per annum from October 13, 2015 to the date of full payment.

Reasons

1. Presumption that a dispute has occurred;

A. The Defendant, around December 15, 2005, prepared and delivered to the Plaintiff a cash loan certificate stating “I will pay the time limit for 0 million won to the Plaintiff.”

B. The defendant remitted to the plaintiff's account KRW 3 million on February 15, 2006, KRW 3 million on March 16, 2006, KRW 2 million on April 17, 2006, KRW 3.5 million on May 15, 2006, KRW 500,000 on May 16, 2006, KRW 700,000 on June 15, 2006, KRW 3.5 million on July 15, 2006, KRW 7.7 million on July 3, 2006, KRW 3.5 million on July 31, 2006, KRW 7 million on August 35, 2006, KRW 1.5 million on August 15, 2006, KRW 1.5 million on May 3, 2005, KRW 1.5 million on May 16, 2006, respectively.

2. Determination:

A. The Defendant’s loan repayment of KRW 1,80,000 from December 15, 2015 to May 16, 2006 stated the following circumstances, namely, the Defendant’s loan of KRW 50,000 per annum (24% per annum) with the following: (a) the Defendant’s loan of KRW 50,000 per annum; (b) recognized that the Defendant was paid KRW 45,500 per annum; and (c) from around December 15, 2015 to around May 16, 2006, the Defendant paid KRW 1,65 million to the Plaintiff (including each number of KRW 3,00,000 KRW 3,50,000 KRW 3,50,000 per annum; and (d) the Defendant’s loan of KRW 2,505,00 per annum with the Plaintiff’s loan of KRW 2,505,000 per annum, as the Defendant’s assertion.

The defendant is obligated to pay to the plaintiff interest of KRW 50 million and damages for delay calculated at 20% per annum from October 13, 2015 to the day of full payment or damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the plaintiff seeks.

B. The defendant's defense of set-off is the defendant.

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