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(영문) 청주지방법원 2015.01.08 2014가단10168
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 84,847,777 and KRW 40,904,943 among them from October 16, 2014 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1, 3, and 4, and each of the statements in Eul evidence Nos. 1 through 3 is insufficient to reverse the above recognition.

(1) Around August 2007, the Plaintiff lent KRW 100,000 to the Defendant.

(2) By March 13, 2009, the Defendant repaid the Plaintiff KRW 59,00,000,000, and on the said date, the Defendant prepared a written confirmation to the effect that “The amount of KRW 9,000,000 out of the repayment amount shall be determined as KRW 50,000,000 with the interest paid during that period, and shall be determined as KRW 3% per month with the interest paid by December 31, 2009” (hereinafter “instant written confirmation”).

(3) After September 14, 2009 to July 11, 2012, the Defendant repaid the principal and interest to the Plaintiff as indicated in the attached Form “the details of repayment and the remaining principal and interest”.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the agreed interest rate of 30% per annum and interest for delay within the agreed interest rate from March 14, 2009 to the date following the date of preparation of the letter of confirmation of this case, within the agreed interest rate of 50,000,000 won, and from March 14, 2009 to the date of full payment. The defendant's repayment stated in the attached Table "the details of repayment and remaining principal and interest" list (in calculation of each corresponding column of the above table, less than the won) was appropriated in the order of interest, principal, and the remaining principal and interest stated in the same table and interest were left.

I would like to say.

(2) Therefore, barring any other special circumstances, the Defendant shall pay the Plaintiff interest in arrears at the rate of 30% per annum for KRW 84,847,777 and KRW 40,904,943, which the Plaintiff seeks within the scope of the remaining principal and interest as of October 15, 2014, within the scope of the remaining principal and interest as of October 15, 2014.

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