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(영문) 대구지방법원서부지원 2016.07.06 2016가단1100
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 26,400,000 as well as KRW 22,00,000 among them, from May 24, 2016.

Reasons

1. The following facts are acknowledged according to the purport of Gap evidence Nos. 1, 2, 3, and 5 and the entire arguments.

A. On June 5, 2014, the Plaintiff loaned KRW 20,000,00 to the Defendants on 1,200,000 each month, with the payment of KRW 1,20,000 (principal KRW 1,200,000, interest KRW 200,000 each month) deducted KRW 1,20,000 on the same day, and then remitted KRW 18,80,000 to the Defendants (hereinafter “the first loan”), and on 30 December 30, 2014, again lent KRW 20,00,000 to the Defendants in the same way, and thereafter, remitted KRW 18,80,000 to the Defendants (hereinafter “the second loan”).

The Defendants remitted to the Plaintiff KRW 1,200,000 over 16 times as the repayment of each of the above loans.

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 24, 2016 to the day of full payment, with respect to the amount of KRW 22,00,000 (1,200,000 x 22 times) and the principal amount (1,000 x 22 times).

3. As to the Defendants’ assertion of repayment, the Defendants asserted that each of the instant loans owed to the Defendant was extinguished by the repayment of all of the instant loans. According to each of the entries in the evidence No. 6-1 through No. 3, Defendant B’s repayment of KRW 66,00,000 in total from November 28, 2013 to July 22, 2015 is recognized, but the Plaintiff agreed to receive KRW 1,200,000 in total from October 28, 2013 to receive KRW 20,000 in 1,20,000 in each of the instant loans and the overall purport of the arguments and evidence No. 4-1, 200,000 in total.

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