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Reasons
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(영문) 대전지방법원홍성지원 2015.10.07 2015가단4290
대여금
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1. The Defendant shall pay to the Plaintiff KRW 4 million with the interest rate of KRW 20% per annum from December 25, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On September 6, 2014, the Plaintiff borrowed KRW 29 million from the Seocheon-gun community credit cooperative (hereinafter “Sacheon-gun community credit cooperative”) on March 19, 2014, and lent it to the Defendant.

In this regard, on September 6, 2014, the Defendant prepared and delivered the following loan certificates (A 2-1, hereinafter “the first loan certificates”) to the Plaintiff.

Borrowing Amount: 29 million won (hereinafter “the First Loan”).

1. Since interest is a money loaned by a community credit cooperative, 147,780 won per month of community credit cooperatives shall be assigned to and repaid at the plaintiff's domicile or deposited in a settlement account on the 19th of each month;

2. The repayment of the principal shall be made until May 2017, and shall be made by bringing the principal to the address of the plaintiff, or by making a deposit in the account;

3. The defendant shall lose the benefit of time, and the plaintiff shall pay the principal and interest without objection even if he files a claim for the balance of the principal and interest.

B. On September 6, 2014, the Plaintiff borrowed KRW 7 million from Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) on May 16, 2014, and lent it to the Defendant.

In this regard, on September 6, 2014, the Defendant prepared and delivered the following loan certificates (A-1, hereinafter “the second loan certificates”) to the Plaintiff:

The loan amount: 7 million won (hereinafter “the second loan”).

1. Since the loan of Hyundai Capital is a contract for repayment of principal and interest, it shall be paid monthly principal and interest of 261,000 won by the Plaintiff’s settlement account for Hyundai Capital (25th day) on the settlement date of each month, or shall be paid at the Plaintiff’s domicile.

2. The defendant shall lose the benefit of time, and the plaintiff shall pay the principal and interest without objection even if he files a claim for the balance of the principal and interest.

C. The Plaintiff, as of September 10, 2014, KRW 8 million, to the Defendant on August 27, 2010, KRW 3.6 million on August 27, 2010, KRW 3 million on November 24, 2010, and KRW 3 million on March 16, 2012.

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