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(영문) 서울남부지방법원 2020.09.15 2020가단2421
대여금
Text

1. The defendant's KRW 58,486,292 as well as 5% per annum from January 23, 2020 to September 15, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 21, 2012, the Plaintiff lent to the Defendant KRW 45,00,000 (hereinafter “the first loan”) and KRW 40,000,000 on November 29, 2012 (hereinafter “the second loan”); and the second loan and the second loan collectively referred to “each of the instant loans”).

B. From February 29, 2012 to January 22, 2020, the Defendant paid the Plaintiff KRW 53,341,000 in total over 40 times as indicated in the following table.

6. 20. 20. 3. 4. 20, 20. 4. 20, 20. 20, 200. 420, 200. 420, 200, 38. 40, 200 on 20. 4. 20, 205, 40 on 20. 3. 20, 205, 206. 4. 20, 206. 3. 4. 20, 205, 200 on 20. 4. 5, 200, 206. 4. 4. 20, 200, 2010 on 27. 5, 2018

2. Determination:

A. The summary of the parties’ assertion 1 is that the Plaintiff received share loans due to the lack of funds to the Defendant at the time of lending the funds, and the Defendant and the interest rate were set at 6.3% per annum corresponding to the interest rate on share loans.

After that, the Plaintiff received interest accrued from January 22, 2020 from the Defendant’s respective loans of KRW 85,000,000 as principal and interest accrued from each of the loans of KRW 5,000,000.

Therefore, the defendant.

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