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(영문) 서울남부지방법원 2016.04.01 2015가단222368

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 40 million and the interest rate of KRW 20% per annum from December 19, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 20, 2012, the global broadband Co., Ltd. remitted KRW 40 million to the Plaintiff. On November 21, 2012, the following day, the Plaintiff transferred KRW 40 million to Defendant B (hereinafter “instant KRW 40 million”).

B. On December 12, 2012, the Defendants prepared a written confirmation (hereinafter “instant confirmation”) with the following contents and issued it to the Plaintiff.

Of the names of the upper group of the instant confirmation letter, “C” parts, the Defendants’ resident registration number, the Defendants’ names and signatures at the bottom, and “12” parts among the dates are written differently from other parts.

The name of P: B C resident number: The above name shall be repaid as against December 12, 2012 of the amount borrowed from A (including s 40.800.000, interest) by the first person, and if not outstanding, B shall be responsible for all matters arising from A and shall be undertaking to perform any of the matters required by A.

Name on December 12, 2012: B (Signature) C / [Reasons for Recognition] The fact that there is no dispute, Gap evidence No. 1, Gap evidence No. 2, and all purport of pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. (1) The Plaintiff’s assertion (1) received a request from Defendant B to lend short-term funds from Defendant B on November 21, 2012, and the Plaintiff borrowed KRW 40 million from Defendant B, a corporation having worked for the Plaintiff, and lent the money to Defendant B on November 21, 2012, the interest rate was set at KRW 80,000 per month, and the maturity period was set within one month.

However, since Defendant B paid only interest until the end of October 2013, Defendant B is obligated to pay to the Plaintiff the amount of 40 million won borrowed and the amount calculated at the rate of 20% per annum from November 1, 2013 to the date of full payment.

(2) Defendant B’s assertion (1) The Plaintiff is interested in the PED business of the Plaintiff Company (hereinafter “instant Company”) operated by Defendant B, and accordingly, on November 21, 2012.