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(영문) 춘천지방법원 원주지원 2018.10.16 2017가단5449
대여금
Text

1. As to KRW 73,55,953 and KRW 51,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 73,55,953 from August 21, 2017 to October 16, 2018.

Reasons

Plaintiff’s assertion

Summary

A. From September 20 to September 20, 2016, the Defendant paid KRW 85,000,000 to the Plaintiff by paying KRW 3,000,000 each month.

'' has drawn up and implemented a written agreement.

After paying the sum of KRW 34,00,000 from September 20, 2016 to July 24, 2017, the Defendant did not pay the said amount from August 20, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 51,00,000 ( KRW 85,000,000 - KRW 34,00,000) and damages for delay from August 21, 2017, after the date when the Defendant lost the benefit of time.

B. On July 24, 2017, the Plaintiff paid KRW 4,500,000,000 to the Defendant, through C, after deducting KRW 500,000 as the interest rate per 10% per month and due date for repayment on October 25, 2017.

The Defendant paid KRW 500,000 each as interest on August 24, 2017, September 24, 2017, and October 24, 2017, respectively, and did not pay the remainder of the loans and interest.

Therefore, the Defendant is obliged to pay the Plaintiff the remaining principal of the loan amounting to KRW 3,261,389, and the interest for arrears from October 26, 2017, which is the day after the due date.

C. On February 2017, when the Plaintiff lent the Plaintiff’s spouse D credit card to the Defendant, the Plaintiff entered into an agreement between the Defendant and the Defendant to pay the amount after using it, and lent the credit card to the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the credit card payment amounting to KRW 988,366 as well as the Plaintiff’s payment for delay from November 28, 2017, the credit card installment amounting to KRW 1,408,007 as of November 28, 2017, and the Plaintiff’s payment for delay from December 14, 2017, following the date of subrogation by the Plaintiff.

Around February 2017, the Plaintiff becomes the leader between the Defendant and the Plaintiff, and the Defendant organized the number system to become the leader, but agreed on November 15, 2017.

The Defendant’s total sum from Plaintiff on March 2017 and July 24, 2017, is 50,000.

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