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(영문) 수원지방법원안양지원 2016.01.14 2015가합1029

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 521,00,000 among the Plaintiff and KRW 300,000,000 from February 24, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On February 23, 2012, the Defendant came to the following from the Plaintiff.

After receiving all the money stated in the subsection, the following loan certificates and promissory notes were asserted to have been prepared. However, the defendant acknowledges that on February 21, 2013, the delivery date of the above loan certificates was February 23, 2012 in the content certificate (No. B. 2) to the plaintiff.

The Defendant’s fourth degree of birth, as the Defendant’s fourth degree of birth, prepared and provided a loan certificate (No. 1; hereinafter “the loan certificate of this case”) with the following contents, and issued one promissory note (No. 6-1, hereinafter “the Promissory note of this case”) to the Plaintiff on February 23, 2015, the date of publication, and February 24, 2012.

In borrowing KRW 300 million to the Plaintiff on February 24, 2012, the Defendant will deposit KRW 7.5 million per month from April 25, 2012 to the account designated by the Plaintiff as interest.

The loan amount: The loan amount of KRW 300 million (30,000,000): The loan interest from February 24, 2012 to February 23, 2015: the loan amount of KRW 2.5% per month (25% per month): the defendant

B. The Plaintiff received a loan from a financial institution and received a loan from the Defendant’s bank account, as KRW 100 million on February 24, 2012, and the same year.

3.6. 95 million won and the same year;

3. A total of KRW 300 million, including KRW 15 million, was remitted on 29.15 billion (hereinafter “instant money”).

C. The Defendant: (a) KRW 8 million on May 7, 2012, and the same year to the Plaintiff.

6. 5.8 million won and the same year;

8.6. 3 million won each paid 19 million won in total.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 3, Gap evidence 6-1, 2-2, part of Eul evidence 2 and the purport of the whole pleadings

2. The parties' assertion

A. In light of the Plaintiff’s assertion, the Plaintiff leased the instant money to the Defendant as of February 23, 2015, with the interest rate of KRW 2.5% per month, and the due date of repayment as of February 23, 2015. As such, the Defendant, as of May 25, 2012, with the interest rate of KRW 2.1 million, including the principal and interest rate of KRW 2.1 million from May 25, 2012 to January 25, 2015, and the principal amount of KRW 52.1 million.