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(영문) 수원지방법원평택지원 2019.11.28 2018가단9178
대여금
Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from April 2, 2019 to November 28, 2019 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff obtained a loan of KRW 100,000,000 from the C association on February 25, 2016 and granted the above money to the Defendant on the same day on May 30, 2016, and the Plaintiff was paid KRW 20,000,000 from the Defendant.

According to the above facts, the defendant is obligated to pay 80,000,000 won and damages for delay to the plaintiff, unless there are special circumstances.

(1) The plaintiff's assertion that the interest rate of KRW 20,00,000 was paid to the above loan interest rate, but there is no evidence to acknowledge that there was an agreement between the plaintiff and the defendant, and the plaintiff's assertion is without merit).

A. Since the Plaintiff and the Defendant agreed to pay the sum of KRW 1,700,000 each month from May 2018 to the Plaintiff, they cannot accept the Plaintiff’s claim for lump-sum payment of the instant amount. Thus, the Plaintiff and the Defendant did not dispute between the parties. Meanwhile, the fact that the Defendant did not perform the above agreement does not conflict between the parties, and the fact that the duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to claim the payment of principal in lump sum was served on the Defendant on April 1, 2019 is clear in the record, which is acknowledged as a whole by taking into account the following circumstances, namely, the Defendant did not pay only KRW 20,000,000 among the above recognized facts and each evidence, and did not pay the remainder for two years from the maturity date, taking into account the circumstances, the Plaintiff did not demand the payment in installments from the date of maturity of 80,000,0000 and the Plaintiff did not demand the payment in installments from the date of maturity of 17 months after the Plaintiff’s payment.

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