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(영문) 대구지방법원영덕지원 2015.02.03 2014가단531
대여금
Text

1. As to KRW 6,261,806 among the above money and KRW 34,436,390 to the Plaintiff, the Defendant shall pay KRW 16,51,00 to the Plaintiff from July 16, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned the Defendant a total of KRW 65 million (hereinafter “each of the instant loans”) to the Defendant (hereinafter “the instant loans”) and KRW 2.5 million as the interest rate per one month prior to the loan of the instant 2, and KRW 1.5 million as the interest rate per one month prior to the loan of the instant 3, and KRW 1.5 million as the interest rate per one month prior to the loan of the instant 4, at the time of the loan of the instant 4, the Plaintiff deducted each of the instant loans from KRW 1.5 million as the interest rate per one month prior to the loan of the instant 4.

On or before December 30, 208, 1208, 50,000 10,000 10,000 on July 30, 2009 5,00 on August 27, 2010 5,00,00 4,871,027 (5,000,000- 5,000- 5,000 on April 30, 201) [5, 60,000 (5,00-250, 6360,000-250, 6360,000) x 361/365 x 365 x 360 x 10,000 x 305 x 5,005 x 3030,009 / 3605 / 100

B. The Plaintiff and the Defendant agreed to change the interest rate of the instant loan claims from March 201 to 3% per month.

C. The Defendant, as organized on February 1, 2010, received KRW 39 million on June 30, 2010, following the Plaintiff’s accession to the successful bid amount of KRW 27,000,000 (one-time deposit amount of KRW 1.5 million per month, a total of KRW 27,000).

(hereinafter referred to as “instant successful bidder.” From June 12, 201 to October 6, 201, the Plaintiff paid a total of KRW 18 million to the Plaintiff via C, in total, from June 12, 2011 to October 6, 201.

[Ground for Recognition] : Facts without dispute, Gap evidence 2 through Gap evidence 4, Gap evidence 6, Gap evidence 9-2, Gap evidence 11, and the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged in the above 1.1., unless there exist special circumstances, the defendant shall pay to the plaintiff the total amount of KRW 80,192,259 [the total amount of the loan principal of KRW 63,542,259] 1,650,000 (the total amount of KRW 63,542,259).

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