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(영문) 수원지방법원 2020.01.08 2018가단549714
대여금
Text

1. The Defendant’s KRW 35,00,000 as well as annual 4% from July 30, 2016 to September 30, 2017 to the Plaintiff.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 3, the defendant borrowed from the plaintiff the total amount of KRW 10 million on June 16, 2016, KRW 12 million on June 24, 2016, KRW 35 million on July 29, 2016, and the period of reimbursement for payment of KRW 35 million on September 30, 2017, and KRW 4% on a yearly basis is recognized.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of KRW 35 million and interest rate of KRW 4% per annum from July 30, 2016 to September 30, 2017, the due date of payment, from the next day to November 5, 2018, the delivery date of a copy of the complaint of this case, 5% per annum under the Civil Act, 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment (the statutory interest rate of the main sentence of Article 3 (1) of the above Act has been amended, and the statutory interest rate of KRW 15% per annum has been changed from June 1, 2019 to 12% per annum).

In regard to this, the defendant's defense that he paid KRW 30 million to the plaintiff around 2016, but there is no evidence to prove this, the above defense cannot be accepted.

Thus, the plaintiff's claim of this case is justified, and this is accepted.

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