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(영문) 서울고등법원 2017.04.27 2016나2064143

대여금

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1. Of the judgment of the first instance, KRW 50,00,000 against the Plaintiff as to the Defendant and its related thereto, from May 30, 2015 to April 27, 2017.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and the U.K. corporations, the U.K. corporations (hereinafter “HELD”), India corporations (hereinafter “CELD”), and multiple financial transactions related to I.

B. On May 11, 201, the Plaintiff remitted a total of KRW 50 million to the Defendant’s name account, KRW 100 million, KRW 10 million on May 17, 201, and KRW 50 million on five occasions on May 17, 201, and KRW 10 million on five occasions on May 18, 201, respectively, and remitted a total of KRW 200 million.

C. On May 11, 2011, the Defendant prepared to the Plaintiff a certificate of loan (No. 200 million won, the date of loan: Interest on May 11, 2011: 10%, the borrower: B (Defendant), the creditor (Plaintiff), and the borrower (Plaintiff) borrowed the above amount from the creditor, and will pay the above amount within the due date. The Defendant will not raise a civil or criminal objection if he/she fails to pay it within the above period, and will pay 20% per annum of the delay damages.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the reasoning of the judgment on the cause of the claim, the Defendant’s borrowing of KRW 200 million from the Plaintiff on May 11, 201 is recognized.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the above loan amount of KRW 200 million and the agreed interest and delay damages on the loan certificate of this case.

(However, there are special circumstances to recognize only part of them as follows. 3. Determination on Defendant Defenses, etc.

A. 1) The Defendant and the Defendant, through a written agreement (No. 1 evidence; hereinafter “instant agreement”) drafted on September 29, 2013, issued by the Plaintiff and the Defendant, to postpone the repayment period for the Defendant’s instant loan obligations and pay interest and other expenses.