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(영문) 부산지방법원동부지원 2019.04.25 2018가단225304
대여금
Text

1. The Defendant’s interest rate of KRW 5 million and KRW 50 million among the Plaintiff shall be from February 5, 2015 to the date of full payment.

Reasons

The Defendant borrowed KRW 50 million from the Plaintiff around June 2013, and around January 2014, changed the rate to 24% per annum; the Defendant borrowed additional KRW 10 million from the Plaintiff on or around September 2014 and did not separately set the interest rate, etc., may be recognized as either there is no dispute between the parties, or by taking into account the entries in the evidence No. 2 and the purport of the entire pleadings.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 5 million (i.e., KRW 50 million from the borrowed principal on or around June 2013) and KRW 50 million from the loan principal to the date of full payment, 24% per annum, which is the agreed interest rate from February 5, 2015 to the date of full payment, and from January 11, 2019 to the date of full payment, 5 million from the date following the delivery of the copy of the instant complaint, to the date of full payment.

In regard to this, the Defendant asserts to the effect that (i) the Plaintiff was aware of such circumstances as the funds invested in a factual gambling, and (ii) the sum of KRW 24.5 million has been paid.

However, there is no evidence to acknowledge it, and ② The assertion is obvious in the record that the plaintiff applied for this case by deducting it in advance in the most favorable manner to the defendant.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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