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(영문) 서울서부지방법원 2015.01.14 2014가단15340
대여금
Text

1. The Defendant’s KRW 40,000,000 for the Plaintiff and KRW 18% per annum from January 1, 2012 to March 8, 2014.

Reasons

1. According to the whole purport of evidence Nos. 1-1, 2, and 3 as well as the whole purport of the pleadings, the plaintiff may recognize the fact that the plaintiff extended a loan to the defendant on May 14, 2008, with the interest rate of KRW 20 million on May 14, 2008 as interest rate of KRW 1,50,000,000 on May 15, 2009, and the payment period of KRW 20,000,000 on November 20, 2008 as interest rate of KRW 1,50,000,000 on November 19, 2009, but the defendant did not pay the interest from January 1, 2012.

2. On April 2010, the Defendant, upon closure of the business, agreed that the Plaintiff exempted the payment of interest on each of the above loans and paid 500,000 won per month on a monthly basis only for the principal, and paid 500,000 won per month between two years. The Plaintiff’s claim against this portion is groundless, but there is no evidence to prove the fact of the agreement for exemption of interest as alleged by the Defendant, and the Defendant paid 50,000 won per month for two years as above.

Even if it is reasonable to see that this was appropriated as interest, and there is no evidence to acknowledge this as to the claim for payment of part of the amount of January 2, 2014 and the defendant's assertion is groundless.

3. Therefore, the Defendant is obligated to pay to the Plaintiff 40 million won the total amount of the above loans, and 18% per annum from January 1, 2012 to March 8, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment, as the Plaintiff’s claim of this case is with merit.

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