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(영문) 대전지방법원논산지원 2015.10.15 2015가단20820
대여금
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1. The defendant shall pay to the plaintiff the amount of KRW 25,69,761 and the amount of KRW 15,058,797 from August 6, 2015 to the date of full payment.

Reasons

Basic Facts

A. The Plaintiff and the Defendant are those who had a relationship with the Defendant before and after 2013.

B. On February 21, 2013, the Plaintiff loaned KRW 21,000,000 out of the above amount to the Defendant on February 14, 2013, 2013, with the maturity of February 10, 2017, with the loan interest rate of KRW 25.49% per annum, and the principal and interest of KRW 702,050 per one time (e.g., equal repayment of the principal and interest) (hereinafter “instant loan 1”); and on March 14, 2013, the Plaintiff lent KRW 20,000 among the above amount to the Defendant.

(hereinafter “instant loan 1”). C.

On November 29, 2013, the Plaintiff loaned KRW 8,000,000 to the Defendant on November 29, 2013, with a maturity of 9.07% per annum, and 133,33 won (e.g., equal repayment of the principal and interest) for one-time repayment (hereinafter “the instant second loan”), and on November 29, 2013, the Plaintiff loaned KRW 7,200,000, out of the above money to the Defendant.

(hereinafter “instant second loan”). D.

From March 14, 2013 to July 17, 2014, the Defendant paid the Plaintiff KRW 9,100,000 in total as indicated in the [Attachment 1] to 14 as the repayment of the instant loans.

[Grounds for recognition] The plaintiff asserted that Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, and Eul evidence No. 1, and the purport of the whole pleadings is the plaintiff's assertion that the plaintiff extended loans Nos. 1 and 2 from financial institutions of this case to the defendant, and lent the loans No. 1 and 2 of this case to the defendant. Thus, the plaintiff and the defendant agreed at the time of the above lending that "the principal and interest of the loans No. 1 and 2 of this case that the plaintiff must pay to the financial institution shall be repaid to the plaintiff."

However, if the Defendant’s repayment of KRW 9,100,000 to the Plaintiff is calculated in accordance with the repayment schedule of the first loan of this case, the principal of the first loan of this case remains 16,073,260 won, and the Plaintiff also remains until August 5, 2015.

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