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(영문) 광주지방법원순천지원 2019.04.09 2018가단7072
대여금
Text

1. The defendant shall pay 142,00,000 won to the plaintiff and 24% per annum from April 4, 2018 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the respective descriptions of evidence Nos. 1, 2, and 3 and the purport of the entire pleadings, the following facts can be acknowledged.

1) On February 15, 2018, the Defendant borrowed KRW 160,00,000 from the Plaintiff as of March 28, 2018 and as at 27% per annum, the Defendant borrowed KRW 300,000 on February 15, 2018, and additionally borrowed KRW 1,000,000 on February 19, 2018, and KRW 1,000,000 on February 222, 2018, from March 19, 2018 to April 3, 2018.

3) On July 23, 2018, the Plaintiff submitted an application for the instant payment order of KRW 20,300,000 to the court on July 23, 2018, ① loans of KRW 300,000 on February 25, 2018, ② loans of KRW 1,000 on February 19, 2018, ③ loans of KRW 1,000,000 on February 22, 2018; ④ loans of KRW 160,000,000 on February 15, 2018 and KRW 18,000,000 on the original, and the Plaintiff could be unilaterally appropriated to the Defendant on August 21, 2018 in the order of appropriation to the payment order of KRW 18,00,000,000 on which the Plaintiff appears to have failed to reach an agreement on the appropriation of payment to the original, as well as the order of appropriation to payment to the obligee.

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