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(영문) 수원지방법원 안양지원 2017.01.11 2016가단7249 (1)
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 15% per annum from June 14, 2016 to the day of complete payment.

Reasons

1. Determination

A. In light of the facts without dispute, Gap evidence No. 2 and the purport of the entire pleadings, it is recognized that the plaintiff set the period of repayment of KRW 3 million to the defendant on September 5, 2015 and lent it to the defendant on November 5, 2015. At the time of borrowing, the defendant agreed to pay KRW 2 million (the difference between the plaintiff's stock loss and the principal by the due date) together with the principal.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 14, 2016 to the day of full payment, which is the day following the day when the copy of the instant complaint was served to the Defendant, as requested by the Plaintiff, as the repayment period for the above borrowed money, etc. and 3.2 million won, including the above borrowed money.

B. According to the defendant's defense that he/she paid part of the above borrowed loan, it is proved that he/she paid 40,000 won to the plaintiff on February 15, 2016. However, although it is recognized that the defendant remitted 10,000 won to the plaintiff on February 15, 2016, the defendant did not have any agreement on appropriation, or there is no proof of assertion as to the fact that he/she paid 40,000 won to the plaintiff on February 15, 2016, 40,000 won paid by the defendant on appropriation under Article 479 of the Civil Act shall be appropriated as part of the interest accrued from the date following the due date of repayment of the above borrowed loan to the due date [447,123 won ( = 32,00,000 won x statutory interest rate of 5% under the Civil Act x 102 days ±365 days), and there is no assertion

2. Conclusion, the plaintiff's claim is accepted for reasons.

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