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(영문) 대구지방법원 2020.10.13 2019가단23623
대여금
Text

The defendant shall pay to the plaintiff KRW 95,734,147 and KRW 89,240,480 per annum from January 16, 2020 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff agreed to lend the Defendant the interest amounting to KRW 20 million on September 7, 2017 and KRW 80 million on September 25, 2017 to the Defendant on September 25, 2017, and to pay the interest amounting to KRW 200,000 per month from October 2017 to December 30, 2017, and KRW 250,000 per month from January 201 to December 30, 2020. 2) The Plaintiff agreed to pay the Defendant the interest amounting to KRW 20,000,000 on the above loan by the end of each month between the Defendant and the Defendant on December 15, 2017.

3) On February 12, 2019, the Plaintiff’s amount used “in relation to the above loan” between the Defendant and the Defendant: KRW 100 million; the due date: December 30, 2020; interest: 2.5 million per month shall be paid on the 30th day of each month (the payment on February 28). The Plaintiff’s agreement with the effect that the obligor shall lose the benefit of time when he/she is in arrears on at least two occasions (from the next to the instant agreement, “the borrowing amount pursuant to the instant agreement”; and the borrowing amount pursuant to the instant agreement “the borrowing amount”).

(4) The date on which the Defendant paid the Plaintiff the repayment with respect to the instant loan and the amount are indicated in the following table.

Serial 1. 20. 27. 200, 100, 2000, 20. 20. 20, 2000, 2000, 300, 40. 40. 18. 20, 200, 300, 40. 20. 18. 20, 20. 30, 200, 40. 30. 1, 200, 208. 4. 1, 200, 30. 1, 200, 200. 4. 1, 206. 1, 200, 200. 3. 1, 200, 200, 7. 3, 2000, 27. 3, 2000, 2000, 8. 1, 2018.

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