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(영문) 서울서부지방법원 2020.08.20 2019가합1367

대여금

Text

1. The Defendant’s KRW 284,657,00 for the Plaintiff and KRW 5% per annum from January 1, 2019 to August 20, 2020.

Reasons

1. Determination as to the cause of claim

A. On May 9, 2016, the Plaintiff received two equal installments of KRW 208,50,000 to the Defendant on two occasions in the order of December 2017 and December 2018, the Plaintiff: (a) determined that interest shall be paid on behalf of the statutory interest but may only be paid at the expiration of the repayment period (Evidence 1-1); (b) the Plaintiff remitted KRW 208,50,000 to the Defendant on May 9, 2016 (Evidence 2-1-2); and (c) on June 3, 2016, the Defendant sent the Plaintiff the payment note (Evidence 2-2, 200,000 to the Plaintiff on June 3, 2016) regarding the said loan.

(2) The Defendant drafted a letter of payment on June 3, 2016, stating that “The Defendant borrowed KRW 224,00,000 from the Plaintiff on May 9, 2016 and promised to return KRW 208,50,000,000, excluding DC, until December 31, 2017.” (2) The Defendant drafted a letter of payment on June 3, 2016 that “37,60,000 won from the Plaintiff shall be borrowed on June 3, 2016, and KRW 34,750,000,000, excluding DC, shall be returned to the Plaintiff by December 31, 2017.”

On June 3, 2016, the Plaintiff remitted KRW 37,600,00 to the Defendant.

(A) On May 4, 2017, the Defendant agreed to borrow KRW 44,80,000 from the Plaintiff on May 4, 2017 and return KRW 41,407,000,000, excluding DC, by December 31, 2018 (Evidence A 1-3, 200; hereinafter referred to as “written notice of payment as of May 4, 2017”).

(B) have drawn up the text of [based on recognition]. See the absence of dispute, Gap evidence Nos. 1 and 2 (if there are serial numbers, each entry including each number, the purport of the whole pleadings.

B. The Defendant’s obligation to repay the borrowed amount to the Plaintiff through the payment angle as of June 3, 2016 and the payment angle as of May 4, 2017 (hereinafter collectively referred to as “each of the instant payments note”) as above, as seen above, is due according to the payment angle as of June 3, 2016, as the Plaintiff seeks, to pay the Plaintiff the borrowed amount of KRW 284,657,00 ( KRW 208,50,000, KRW 34,750,000, KRW 41,407,000) and as sought by the Plaintiff.