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(영문) 수원지방법원평택지원 2015.06.04 2015가단644
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 457,349,565 and the interest rate of KRW 19% per annum from June 12, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 9 (including each number), the Plaintiff: (a) on January 20, 201, the Plaintiff loaned 550,000,000 won to the Defendant on January 20, 201; (b) on January 20, 201, 3.6% of the base rate for fluctuation (six months of the base rate for fluctuation); (c) on January 20, 2014, the due date for payment shall be 10%; (d) the overdue interest rate of 30 days but more than 30 days but less than 90 days in arrears; (e) the overdue interest and interest of the above loans shall be 11% higher; (e) on June 11, 2014, the principal and interest of the loans shall be 550,00,000 won in total, 23,676,712 won.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount calculated by deducting KRW 316,327,147, which the Plaintiff was paid from the aforementioned KRW 773,676,712, which was paid to the Plaintiff on June 11, 2014, KRW 457,349,565, (i.e., KRW 773,676,712- KRW 316,327,147) and damages for delay calculated at the rate of 19% per annum from June 12, 2014 to the date of full payment.

As to this, the defendant argues that the above loan contract is invalid because it constitutes a false conspiracy, but since there is no evidence to acknowledge it, the defendant's above assertion is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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