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(영문) 서울남부지방법원 2020.12.04 2020가단4731
대여금
Text

The defendant shall pay 35,00,000 won to the plaintiff and 12% per annum from January 3, 2020 to the day of complete payment.

Reasons

1. The fact that the Plaintiff loaned a total of KRW 50,000,000 to the Defendant on October 1, 2014, KRW 15,000,000 on June 15, 2014, and KRW 22,00,000 on October 16, 2014 that the Plaintiff leased KRW 50,000 to the Defendant is not a dispute between the parties.

The plaintiff asserts that there was a interest agreement of 1% per month, the principal of 5,00,000 won was paid, and the interest was paid until January 2, 2020, while the defendant asserts that there was no interest agreement, and therefore, the payment was set off against the principal and the other payment of the boiler installed by the defendant husband by the plaintiff.

The plaintiff asserts that the boiler price obligee is the defendant husband, and the offset is not possible.

Although there is no document that directly recognizes the existence of interest agreement, it can be seen that the Defendant’s repayment (each of the evidence of subparagraphs B(A) was made in the form of KRW 500,000 per month from November 2014 to January 2020, KRW 450,00 per month, KRW 420,00 per month, KRW 40,00 per month, and KRW 40,000 per month, and KRW 40,000 per month, three times per month, namely, KRW 130,00, KRW 150,000, KRW 220,000 per month.

Pursuant to circumstances, the principal was paid in equal installments.

It is far more natural to see that the interest has been repaid rather than it, and therefore it is reasonable to determine that there was a 1% interest agreement per month.

The details of repayment in November and December 2014 are seen as 1.5% per month.

There is also text messages recognizing the payment of interest by the defendant himself.

Meanwhile, in addition to the repayment of interest, the Defendant repaid KRW 5,00,000 on June 12, 2015, KRW 650,000 on February 16, 2017, and KRW 1,710,00 on September 22, 2018, which is recognized as the principal repayment.

As seen earlier, the Plaintiff also recognizes the repayment of principal amounting to KRW 5,000,000.

Furthermore, according to the evidence Nos. 5 and 10, according to the defendant's husband C, it can be recognized that the defendant's husband C installed 16 boilers to the plaintiff.

The plaintiff at the complaint, the defendant's gas machinery through her husband.

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