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(영문) 수원지방법원여주지원 2019.06.18 2019가단1406
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 18% per annum from January 1, 2018 to the day of complete payment.

Reasons

Facts of recognition

On January 5, 2015, the Plaintiff lent interest of KRW 50 million to the Defendant on December 30, 2015, KRW 700,000 per month, and the due date on December 30, 2015.

In 2016, the Defendant repaid to the Plaintiff the principal KRW 10 million out of the above loans.

The Plaintiff and the Defendant confirmed that the remaining principal of the loan was KRW 40 million on March 1, 2017, and the interest was KRW 1.5% per month ( KRW 600,000 per month) and the due date was extended on December 30, 2017, and the due date was extended on January 7, 2018 again on December 30, 2018.

The Defendant paid to the Plaintiff all interest on the loan accrued until December 31, 2017.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers in the case of additional serial numbers), and the facts of the judgment as to the ground for a claim as a whole of the pleadings, the defendant is obligated to pay to the plaintiff interest and delay damages calculated at the rate of 18% per annum, which is the agreement, from January 1, 2018 to the date of delinquency in payment of interest for the remaining 40 million won, deducting the amount of KRW 10 million from the amount of loan 50 million paid to the plaintiff, barring special circumstances.

As to this, the defendant alleged that he paid the principal of KRW 5 million in addition to the above KRW 10 million, but there is no evidence to acknowledge the above assertion.

Therefore, the defendant's above assertion is without merit.

In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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