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(영문) 인천지방법원 2020.12.17 2019가합55810
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 210,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from December 14, 2016 to February 6, 2018.

Reasons

Basic Facts

A principal lawsuit and a counterclaim shall be deemed to be combined.

A. The Plaintiff lent money to the Defendant from around 2013 to June 2016. On December 13, 2016, the Plaintiff and the Defendant drafted an application for loan and a certificate of loan with the content of settling the loan.

(hereinafter “instant settlement agreement”). The above written loan application and the principal contents of the loan certificate are as follows:

Amount of application for a loan: I promise to pay the above amount not later than January 30, 2017, 210,000 won 50,000,000 won.

The remainder amount is promised by December 30, 2017.

On December 13, 2016, the date of borrowing KRW 210,000,000, the above amount was regularly borrowed, and the interest rate shall be three copies per month, while the period of repayment shall be December 30, 2017.

Provided, That if the interest date exceeds the due date, it shall be calculated and paid at 4% per day for overdue interest, and a lawsuit due to default shall be the competent court of the place of residence.

B. After the instant settlement agreement, the Defendant did not pay the Plaintiff the money stipulated in the said settlement agreement. On July 17, 2017, the Defendant issued and delivered another certificate of money borrowed with the following content to the Plaintiff.

The Defendant borrowed KRW 210,00,000 to the Plaintiff on December 30, 2016, and promised to repay the above amount to the Plaintiff by December 31, 2017, and C occupancy Fee, etc. was used in another place under personal circumstances. At the same time, I will be subject to civil criminal punishment in the event of the above contents.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the principal claim, barring any special circumstance, the Defendant shall pay to the Plaintiff interest of KRW 210,00,000 as stipulated in the instant settlement agreement and interest calculated at the rate of 25% per annum from December 14, 2016 to February 6, 2018, and 24% per annum from February 7, 2018 to the date of full payment, as sought by the Plaintiff.

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