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(영문) 창원지방법원 2015.01.20 2014가단20113
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from June 1, 2014 to August 5, 2014, and the following.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the defendant agreed on January 17, 2014 that the plaintiff shall repay 50,000,000 won to the extent of January 16, 2023, and shall pay interest calculated at the rate of 10% per annum to the plaintiff not later than the 26th day of each month, and prepared and delivered a loan certificate (Evidence No. 1) containing these contents, and again, on January 26, 2014, the defendant shall pay interest calculated at the rate of 10,000 won per annum by 30,000,000 won per annum from 10,000 won per annum to the effect that the plaintiff shall have received 10,000 won per annum from 20,000,000 won per annum, as well as 10,000,000 won per annum and 10,014,000 won per annum after being issued.

Judgment

According to the above facts, barring any special circumstance, the Defendant claimed against the Plaintiff the total amount of KRW 100,000,000 (the Defendant’s repayment period of KRW 50,000,000,00, which was agreed on January 17, 2014, shall be until January 16, 2023; however, the Plaintiff’s repayment period of KRW 50,000,00,00, which was due on the grounds of delay in the payment of interest, shall be deemed to have arrived at due date due to the delivery of the complaint on the grounds of delay in the payment of interest; and on the following day following the last payment date of interest.

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