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(영문) 대구지방법원 2017.01.10 2016가단35625
차용금
Text

1. The Defendant calculated the Plaintiff’s KRW 19,875,600 and the interest rate of KRW 15% per annum from October 14, 2016 to the date of full payment.

Reasons

In light of the parties’ respective entries and arguments, or the overall purport of Gap evidence Nos. 1 through 4, the plaintiff agreed to invest KRW 30 million from the defendant to receive certain profits on or around January 9, 2012. However, the plaintiff agreed to convert the above investment amount into a loan on or around January 9, 2012, and to refund the above KRW 30 million to the defendant on or around January 13, 2013. Thus, the defendant is liable to pay the plaintiff interest and delay damages calculated at the rate of 15% per annum of the above agreed interest rate from January 9, 2012 to the date of full payment.

Meanwhile, there is no dispute between the parties that the Defendant paid to the Plaintiff KRW 16.7 million between December 4, 2012 and August 24, 2014, and KRW 12 million between January 30, 2016 and June 9, 2016.

(A) The Defendant asserts that he/she has partially repaid to the Plaintiff in cash, but there is no evidence to support the payment. Therefore, the payment of KRW 16.7 million from January 9, 2012 to August 24, 2014: 11,823,287 won (i.e., KRW 30 million x 15% x 959/365 x a small number of points) remaining 4,876,713 won (i.e., KRW 1,670 - KRW 11,823,287 - KRW 285 - 265 - 365 - 276 - 365 - 276 - 1665 - 276 - 365 -616 5 -67 , 207.75 -615 -65 27.75 -616 7.75

Thus, the defendant shall pay 19,875,600 won to the plaintiff and the plaintiff as to the above principal amount.

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