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(영문) 서울중앙지방법원 2015.08.26 2013가단226988 (1)
대여금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 73,00,000 and KRW 12,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on January 1, 2014.

Reasons

1. Judgment on the plaintiff's main claim

A. (1) The Plaintiff has been engaged in monetary transactions with the Defendant by paying the price of goods on behalf of the Defendant from August 31, 201 to October 15, 2012, or lending it to the Defendant.

(2) Thereafter, on November 30, 2012, the Defendant settled a financial transaction between the Plaintiff and paid interest of KRW 61,00,000 at the end of each month by 24% per annum; however, the Defendant agreed to pay the principal to the Plaintiff in installments on February 28, 2013, KRW 27,00,000,000 on March 29, 2013, KRW 5,000,000, and KRW 5,000,000 on April 30, 203, and KRW 5,00,000,000 on May 31, 2013, and KRW 5,00,00,000 on June 28, 2013, KRW 5,000,000,000 on July 31, 203, 2005; and

In addition, on the same day, the Defendant agreed to pay the Plaintiff KRW 1,00,000 on September 30, 2013, KRW 5,000,000 on October 31, 2013, and KRW 7,000,000 on November 29, 2013, and KRW 4,000,000 on November 29, 2013, and KRW 5,000,000 on December 31, 2013, and written two copies of payment, respectively.

(3) Thereafter, on June 28, 2013, the Defendant paid KRW 3,000,000 to the Plaintiff out of the said money.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3-8, the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant's total amount of KRW 73,00,000 ( KRW 61,000,000) and KRW 61,00,000 among the agreed amount of KRW 71,00,000 among the agreed amount of KRW 61,00,000,000 among the agreed amount of KRW 73,000,000, as requested by the plaintiff, the defendant does not extinguish all of the defendant's debt to the plaintiff on February 14, 2013. As such, the defendant's payment of KRW 3,00,000 paid to the plaintiff on June 28, 2013 does not extinguish all of the defendant's debt, the principal amount of KRW 61,00,000 ($ from November 30, 201 to February 11, 201) [3,00,000 [6,000] 300]

The agreed interest rate of 24% per annum from the date of full payment to the agreed interest rate of 12,00,000 won (7,000,000 won) shall be 12,00,000 won.

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