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(영문) 서울중앙지방법원 2019.11.07 2018가단5105562
대여금
Text

1. As to KRW 57,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff 15% per annum from July 13, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On March 18, 1997, the Plaintiff lent KRW 10,000,000 to the Defendant with the interest rate fixed as two copies per month.

B. From January 13, 1998 to December 13, 2016, the Defendant repaid to the Plaintiff KRW 2,660,000, in total, ten times as follows.

On January 13, 1998, 400,000 on the deposit date (unit: Won) 13, 1998. 2. 13, 1998. 40,000 on July 13, 1998; 3. 400,000 on April 13, 1998; 40,000 on March 11, 1998; 5, 200,00 on March 12, 200 on April 24, 200 on June 20, 2007; 150,008 on July 170, 200, 200 on the aggregate of the arguments No. 1630, Oct. 14, 2009; 16, 2007; 16. 16. 2016

2. Determination on the cause of the claim

A. According to the above facts of recognition, the above KRW 2,660,000 paid by the Defendant to the Plaintiff is deemed to have been appropriated as part of the interest amount of KRW 49,80,000 [10,000, X 0.24 X (209/12)] accrued until December 19, 2017, the day immediately before the filing of the instant lawsuit, in accordance with the ratio of the second part of each month, which is the agreement rate of KRW 47,140,00 (49,80,000,000 - 2,660,000). Thus, the interest remaining as of the above date is deemed to have been appropriated.

Therefore, the Defendant is obligated to pay 50,000,000 won, which is the principal of the Plaintiff, and 10,000,000 won, which is the principal, among the total sum of the loan principal remaining to the Plaintiff, 15% per annum, which is the statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from July 13, 2018 to May 31, 2019, which is the day following the day of service of the copy of the complaint of this case, and damages for delay calculated at the rate of 12% per annum, which is the current statutory interest rate under the above Act, from the next day to the day of full payment.

B. The defendant asserts that he paid the principal and interest of the instant loan to the plaintiff, including the repayment of KRW 5,00,000 to the amount of money, but there is no evidence to acknowledge otherwise, since each statement of subparagraphs 1 and 2 does not constitute evidence to acknowledge it, the defendant's assertion of the above repayment cannot be accepted.

3. If so, the plaintiff's objection.

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