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(영문) 춘천지방법원 원주지원 2018.04.18 2017가단1195
대여금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 3,916,665 as well as the full payment from June 13, 2016.

Reasons

1. Determination on the main claim

A. According to the facts that there is no dispute over the cause of the claim, Gap evidence 1, Gap evidence 4-1 and 2, and the purport of all the statements and arguments, it is recognized that the plaintiff lent KRW 178,00,000 to the defendant on October 30, 2015 as the due date for payment of interest KRW 178,00,000 (interest payment date February 20, 2016).

According to the above facts, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 25% per annum, which is the highest interest rate under Article 2(1) of the Interest Limitation Act and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017), which is the highest interest rate under Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017).

B. The defendant's assertion, etc. 1) asserts that the plaintiff did not lend the above KRW 178,00,000 to the defendant's account and invested KRW 178,00,000 to C through the defendant. There is no evidence to regard the plaintiff's above KRW 178,00,000 as the investment amount to C. Rather, according to the overall purport of the statement and arguments as to Gap's evidence Nos. 1, 4-1, and 2, the defendant prepared and prepared a loan certificate to confirm that the defendant borrowed KRW 178,00,000 from the plaintiff on October 30, 205. The plaintiff's assertion that KRW 130,00,000 from the above date was transferred to the defendant's account under the name of the defendant's designated account. The defendant's above assertion is without merit, and the defendant asserted that the above amount of KRW 178,00,000 to the above defendant's loan to the above defendant's account was extinguished (hereinafter "the loan No. 3001,0000.1.

The plaintiff's act on behalf of his/her father E, 2016.

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