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(영문) 춘천지방법원원주지원 2016.06.23 2015가단6479

대여금

Text

1. The Defendant’s KRW 150,000,000 for the Plaintiff and the following: 12% per annum from February 10, 2010 to November 3, 2015.

Reasons

1. Basic facts

A. On January 12, 2010, the Plaintiff transferred KRW 50,000,00 to the corporate bank account of the company bank account of the LAC.

In addition, on February 9, 2010, the Plaintiff transferred the amount of KRW 100,000 to the corporate bank account of the company bank account of the Co., Ltd.

B. On July 22, 2010, the LAC changed its trade name to DBA.

C. On October 19, 2010, D Co., Ltd. prepared a letter of payment stating that “D Co., Ltd. will pay KRW 70,000,000 to the Plaintiff by November 30, 2010, and KRW 80,000,000 to the Plaintiff by December 31, 2010.”

On June 23, 2011, the defendant prepared and rendered to the plaintiff a loan certificate with the following contents:

- 150,000,000 - Interest per annum 1% of the borrowed principal - The above amount was borrowed by the Defendant on February 9, 2010.

The principal shall be repaid in 50,000,000 per month for three months from October to December, 2011, and 26,530,000, which is interest from February 9, 201 to July 31, 201, shall also be repaid to the Plaintiff.

- The defendant shall return the D M&C receipt at the time of full repayment.

The above borrowed principal shall be deposited with the corporate fund of the Korea Development Bank, but it shall be confirmed that B shall be repaid preferentially by the individual.

[Reasons for Recognition] entry of Gap evidence Nos. 1 through 6, Eul evidence No. 1

2. According to the reasoning of the judgment on the cause of the claim, the Defendant agreed to pay the sum of KRW 150,000,000, which the Plaintiff transferred on January 12, 2010 to the account in the Dispute Settlement Bank Co., Ltd., by means of the preparation of the loan certificate on June 23, 2011, and KRW 150,000,000, which was transferred on February 9, 2010, to the Defendant’s own loan.

Therefore, the defendant is obligated to pay to the plaintiff 150,000,000 won with the interest rate of 5% per annum from February 10, 2010 to November 3, 2015, which is the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.

3. The defendant's assertion is consistent with the borrowing of KRW 50,000,00.