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(영문) 서울중앙지방법원 2020.07.24 2019가합578206
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 357,432,867 and the amount of KRW 100,000 among them, from November 1, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 100 million to the Defendant around June 2008.

B. On December 3, 2008, the Defendant borrowed KRW 100,000,00 from the Plaintiff to the Plaintiff. ② On December 20, 2008, the Defendant: (a) on December 20, 2008, at the same time as the termination of the lease contract; (b) on December 20, 2008, the deposit for the lease is to be repaid; and (c) on December 20, 2008, the interest was determined by the agreement on KRW 8,00,000; and (d) on December 20, 2008, the Defendant drafted a payment note with the content that the annual interest rate of KRW 8% increases by 1% per month

(hereinafter referred to as “the instant loan claim”). C.

The Defendant remitted KRW 3,00,000,000 to the Plaintiff on December 26, 2018, and KRW 1,000,000 on September 6, 2019, and KRW 3,000,00 on September 16, 2019, respectively.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 5 (including virtual numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's summary of the plaintiff's assertion lent KRW 100,000 to the defendant, and on December 3, 2008, the defendant drafted a letter of payment of this case to the plaintiff on December 3, 2008.

The Defendant repaid to the Plaintiff KRW 29,00,000, KRW 1,000,000, KRW 3,000,000, total of KRW 29,000,00, and the payment was fully appropriated for interest.

Therefore, the Defendant is obligated to pay 24% per annum to the Plaintiff the remainder of the principal and interest, 357,583,562 won (the sum of the interest and delay damages from the lending to October 31, 2019 as indicated in the table below, as follows, from the lending to October 31, 2019 - the repayment amount of KRW 286,583,562 - the repayment amount of KRW 29,000,000 among the loans, and to pay damages for delay at the rate of 24% per annum from November 1, 2019 to the date of full payment.

B. According to the above facts of recognition, the Defendant, barring special circumstances, at the request of the Plaintiff, shall add the interest and delay damages on the loan to October 31, 2019 from the loan principal amount of KRW 100,000 to the loan amount of KRW 357,432,867 within the maximum interest rate prescribed by the Interest Limitation Act, as the Plaintiff seeks, pursuant to the instant payment note, to the Plaintiff’s interest and delay damages.

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