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(영문) 서울북부지방법원 2014.11.28 2014가단13263
대여금
Text

1. The Defendant’s KRW 42,535,00 for the Plaintiff and KRW 5% per annum from March 7, 2011 to November 28, 2014.

Reasons

1. Facts of recognition;

A. From March 5, 2010 to February 22, 2011, the Plaintiff lent a total of KRW 83,400,000 to the Defendant as follows.

- - KRW 3,00,00 on March 5, 2010 - KRW 7,000,00 on March 6, 2010 - KRW 3,000,00 on March 11, 2010 - KRW 2,50,000 on April 7, 2010 - KRW 00 on April 9, 2010 - KRW 00,00 on April 30, 2010 - KRW 0,00 on June 7, 2015, 200, KRW 00 on June 30, 200, KRW 10 on June 28, 2010; KRW 10 on June 10, 200, KRW 10 on June 5, 200, KRW 00 on July 10, 2010; and

B. From April 8, 2010 to November 17, 2011, the Defendant repaid to the Plaintiff KRW 37,865,000, and the Plaintiff appropriated the said money to the principal.

- 10.4. 8.10 - 10,00 - 20.0 - 0.0 - 20.10 - 0,000 - 20.4 - 0.0 - 20,000 - 10,000 on May 19, 2010 (including 0.3,000 - 0.23,000 -6.10,00 - 0.0 - 20.4 -6.10,000 on June 23, 2010 - 20.3,00 - 20.10,00 - 0.10,000 - 6.23,00,000 - 6.1,000 on August 6, 2010;

2. Determination

A. According to the above facts, the defendant is obligated to pay the remainder of the loan amount of KRW 45,535,00 (=83,400,000--37,865,00) to the plaintiff and delay damages.

B. The Plaintiff claims for the payment of damages for delay calculated at the rate of 24% per annum by asserting that the Plaintiff agreed to the interest at 24% per annum while lending money to the Defendant. Thus, it is insufficient to accept this only with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it.

In addition, the plaintiff asserts that the repayment period has been set at six months after the first lending date and that it was from January 1, 201.

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