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(영문) 부산지방법원동부지원 2019.12.24 2019가단207464
대여금
Text

1. As to KRW 28,698,191 and KRW 23,00,00 among them, the Defendant shall pay to the Plaintiff the year from April 26, 2019 to December 24, 2019.

Reasons

1. The Plaintiff’s loan of KRW 20,00,000 on March 31, 2016 and KRW 3,000,00 on March 16, 2018 to the Defendant without having set the due date for repayment to the Defendant does not conflict between the parties.

Therefore, the defendant's KRW 28,698,191 [the agreed interest, KRW 20,000,000 ( principal) from January 1, 2017 to March 26, 2019, as to KRW 20,000,000 (the principal amount claimed by the plaintiff), and KRW 20,000 from March 1, 2017 to March 26, 2019] x 0.12 x 815/365, and KRW 815/365; hereinafter the same shall apply] to the plaintiff.

() The Plaintiff calculated the interest rate under this part of the agreement on the premise that the period from April 17, 2018 to March 26, 2019 was 70 days, on the premise that the period from April 17, 2018 to March 26, 2019 was 3,00,000 won, 00 won x 0.12 x 3444 Plaintiff calculated the interest rate under the premise that the period from April 17, 2018 to March 26, 2019 was 70 days. However, the said period was 34 days.

/365) Of them, there is a obligation to pay the principal amount of 23,000,000 won for delay.

2. The Plaintiff asserted that on December 19, 2016, the Defendant lent KRW 4,00,000 to the Defendant on the same condition. However, each video of the evidence Nos. 2 and 4 is insufficient to recognize the above. The Plaintiff’s assertion on this part is without merit, as there is no other evidence to acknowledge it.

3. Ultimately, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,698,191 and the amount of KRW 23,000,00,000, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, to the Plaintiff at the rate of 5% per annum prescribed by the Civil Act from April 26, 2019, which is the date of this decision, which is appropriate to dispute over the scope of the Defendant’s obligation to perform, until December 24, 2019, and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day

4. If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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