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(영문) 서울중앙지방법원 2020.01.09 2019가단5138835

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 18% per annum from June 28, 2016 to the day of complete payment.

Reasons

1. The fact that the Defendant, on August 27, 2014, prepared and delivered a certificate of borrowing KRW 40,000 from the Plaintiff that the Plaintiff borrowed KRW 40,000 from the Plaintiff does not conflict between the parties.

2. The Plaintiff asserts that the Plaintiff agreed to receive interest at an annual rate of 18% at the time of the above lending, while the Defendant asserted that the Plaintiff only prepared and provided a loan certificate to the extent of its own, and that there was no agreement to pay interest at an annual rate of 18%.

According to Gap evidence Nos. 1, 3-1 through 4, and Gap evidence Nos. 4-1 through 9, it can be acknowledged that the defendant paid 300,000 won interest per annum to the defendant on August 27, 2014, "one point five percent interest", the plaintiff paid 10,000 won to the defendant on December 20, 2005, and 10,000,000 won on February 20, 206, and the defendant received 30,000 won per annum from March 24, 2006 to August 23, 2014, and the plaintiff paid 20,000 won interest per annum to the defendant on August 27, 2014 (the above facts are as follows: 10,000,0000 interest per annum 184 per annum to the plaintiff on May 15, 2015).

3. On March 12, 2015, the Defendant asserted that the Plaintiff received reimbursement of KRW 3,000,000,000 from the warden on April 18, 2015. The Defendant asserted that the Plaintiff received reimbursement of KRW 3,00,000 on August 27, 2014 in the written reply.

Although there is no dispute over the fact that the Defendant repaid KRW 3,00,000 to the Plaintiff, it does not coincide with the timing of payment, it can be known that March 12, 2015 according to Gap evidence No. 4-10.

The fact that each payment of KRW 10,00,000 on December 1, 2017 is not in dispute between the parties, or is in accordance with the purport of Gap evidence 4-10, 11 and all pleadings.