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(영문) 인천지방법원 부천지원 2021.01.08 2020가합101637
대여금
Text

1. The defendant's 14,348,387 Won and its related 5% per annum from November 26, 2020 to January 8, 2021, and the following.

Reasons

Basic Facts

A. A. Around April 2012, the Plaintiff: (a) determined that KRW 330,000,000 was interest at KRW 1,000 per month to the Defendant (hereinafter “instant loan”); (b) thereafter, the Plaintiff received reimbursement of KRW 110,000 as principal from the Defendant.

(c)

On April 2018, the Plaintiff and the Defendant agreed to change the interest amount to KRW 800,000 per month.

(d)

Until April 29, 2019, the Plaintiff received interest from the Defendant on the instant loan up to April 2019. On October 29, 2020, the Plaintiff received reimbursement of KRW 220,000,000 for the remaining principal of the instant loan.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The Plaintiff’s assertion is liable to pay to the Plaintiff the sum totaling KRW 15,200,000 per month between April 30, 2019 and November 30, 2020 and KRW 15,200,000 and the delayed damages.

3. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 14,348,387 won (=80,000 won per month x (17th month x 29/31 day) x after the payment date of the above interest, with the purport of the claim in this case and the delivery of a copy of the application form changing the cause of the claim in this case from November 26, 2020 to October 29, 2020, with the interest rate of 14,348,387 won per annum 80,000 won per month from May 1, 2019 to October 29, 2020) and the above interest rate per annum 15th day from the day after the date of payment of the above interest, to the day after the delivery of a copy of the application form changing the cause of the claim in this case to November 26, 2020, which is reasonable for the defendant to pay for delay or scope of the obligation in this case.

The part of the plaintiff's claim exceeding the above amount is without merit.

4. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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