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(영문) 서울동부지방법원 2016.08.19 2015가단48215
대여금
Text

1. The defendant shall pay KRW 7,238,122 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On October 20, 2009, the Plaintiff lent KRW 30 million to the Defendant.

B. On October 20, 2009, the Plaintiff prepared a certificate of borrowing from the Defendant that “the Defendant borrowed KRW 30 million from the Plaintiff on October 20, 2009 and paid the sum of interest calculated annually on December 30, 2010.”

C. The Defendant repaid to the Plaintiff KRW 10 million on September 16, 2014, and KRW 20 million on June 24, 2015.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The interest rate of the instant loan is 30% per annum as stated in the loan certificate, and 30 million won paid by the Defendant is insufficient to fully repay the principal and interest of the loan. Therefore, the Defendant is not obliged to pay the Plaintiff the amount exceeding the interest rate of KRW 30 million per annum from October 21, 2009 to July 14, 2014, calculated at 30% per annum from 42,608,219, the Defendant’s repayment of the principal and interest of KRW 42,608,219, the remainder of the principal and interest of KRW 42,608,219 (= interest of KRW 12,608, KRW 219, KRW 3000,000,000,000,000 per annum from July 25, 2014).

B. Prior to whether the interest rate of the instant loan 1 is 30% per annum or 2.5% per annum, it was true that the Defendant prepared a certificate of borrowing that the Plaintiff would pay 30% per annum to the Plaintiff. However, in full view of the evidence Nos. 1 and 2 of this Court’s results of the verification of voice recording and the entire purport of the pleadings, the Plaintiff promised to receive only 2.5% per annum interest on the instant loan to the Defendant.

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