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(영문) 수원지방법원 2019.09.26 2019나60004
대여금
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. (1) On March 20, 2015, the Plaintiff, upon the introduction of Nonparty C, who is the seat of the original Defendant, lent KRW 30 million to the Defendant on June 20, 2015 (hereinafter “instant loan”).

At the time, the original Defendant agreed to interest on a scale exceeding 25% per annum (hereinafter “limited interest rate”) which is the maximum interest rate under the Interest Limitation Act (hereinafter “limited interest rate”). (The Plaintiff asserts that the fixed interest rate under the “amount of increase” is not indicated. The Plaintiff’s assertion is 27.9% per annum), and the Plaintiff paid to the Defendant the remainder 28.2 million won after deducting 1.8 million won as the preferred interest of the monthly value.

The amount of repayment due, on April 21, 2015, KRW 16 million, KRW 200,000,000 on June 22, 2015, KRW 1800,000,000 on August 5, 2015, KRW 1800,000 on September 1, 2015, KRW 180,000,000 on September 1, 2015, KRW 15,000 on December 1, 2015, KRW 38,70,000 on June 27, 2016, the Defendant repaid to the Plaintiff as listed below:

(Attachment 1. 3) Upon receiving a request for additional loan from the Defendant, the Plaintiff delivered to the Plaintiff four copies of a check giving rise to the face value of KRW 1 million on July 4, 2016 (the date when the Plaintiff was presented payment) and on July 5, 2016, transferred KRW 3 million to the Defendant’s account.

Total of 7 million won

H. The Plaintiff deemed to have lent KRW 7 million to the Defendant on July 5, 2016, and that “the instant two loans” is deemed to be “the instant two loans.”

With respect to this, the period of repayment is not fixed.

(4) (4) After the instant loan 2, the Defendant additionally repaid to the Plaintiff as indicated in the following table (see attached Table 2, “the date of repayment”, “the amount of repayment”, “amount of repayment”). On August 8, 2016, KRW 4880,000,000 on the date of repayment, KRW 1.86 million on September 7, 2016, KRW 1.86 million on September 19, 2016, KRW 180,000,000 on the date of repayment, KRW 13 million on the date of repayment, and KRW 60,000 on October 30, 2016, the Defendant urged the Defendant to repay the debt to the Defendant on or around April 30, 2017, and the Plaintiff provided that the text message “the principal and KRW 13,000,000,00,000,00.”

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