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(영문) 인천지방법원 2016.10.13 2016가단829
대여금
Text

1. The Defendant shall pay KRW 10 million to the Plaintiff the annual interest rate of KRW 15% from April 2, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant and the deceased C (hereinafter “the deceased”) are married couple.

B. On December 29, 201, the Defendant and the Deceased (hereinafter “Defendant”) were to receive a total of KRW 100 million from the Plaintiff on December 29, 201, with the due date fixed on December 29, 2012 (hereinafter “the instant loan”). Around December 29, 201, the Defendant and the Deceased (hereinafter “Defendant”) were to receive a loan from the Plaintiff as the borrowed amount, with the amount of KRW 80,000,000 on the day, and KRW 20,000,000 on January 4, 2012.

C. From January 30, 2012 to August 13, 2012, the Defendant transferred 100,000 won over six occasions to the Plaintiff, and on November 21, 2013, the Defendant agreed to “the net shall repay the full amount of KRW 100,000 when he/she voluntarily retires on February 2013, 201,” and the interest rate stated “A separate interest.”

On December 12, 2013, the Defendant paid the Plaintiff KRW 15 million with the repayment of the above loan.

【Ground for Recognition: Facts without dispute, entry in Gap 1 through 4 (including each number in the case of additional number), the purport of the whole pleadings】

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion was to pay KRW 100,000 per month as interest at the time of the instant loan. As such, the Defendant’s payment of KRW 15,000,000 paid to the Defendant is due for interest and the principal is in default.

B. The Defendant’s assertion that there was no interest agreement at the time of the instant loan, and thus, the said amount of KRW 15 million ought to be appropriated for principal.

C. In view of the fact that the Defendant remitted to the Plaintiff the amount of KRW 1 million over six times from January 30, 2012 to August 13, 2012, and that interest is separate from interest while delaying the repayment period of KRW 100 million for the borrowed principal of this case, it may be recognized that the Defendant agreed to pay KRW 1 million per interest as interest at the time of the instant borrowing. Of the interest paid in six months from January 30, 2012 to December 2013, the payment of KRW 15 million was made on December 12, 2013, as seen earlier.

Therefore, the defendant is entitled to KRW 100 million of the borrowed principal and a copy of the complaint in this case.

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