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(영문) 서울동부지방법원 2015.02.04 2014가합104955

대여금

Text

1. The defendant shall pay 120,000,000 won to the plaintiff and 24% per annum from November 15, 2010 to the day of complete payment.

Reasons

1. In full view of the descriptions in Gap evidence Nos. 2 (the defendant's signature which is recognized as the defendant's writing by the result of the completion appraisal of appraiser C's writing is presumed to be the authenticity of the whole document), Gap evidence Nos. 3, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings as a whole, the plaintiff lent money to the defendant several times from June 2004 to November 15, 2010. The defendant, on November 15, 2010, prepared and delivered a loan certificate stating that "the defendant borrowed 120 million won from the plaintiff, interest rate of 2%, and maturity period of payment of the plaintiff three months prior to the completion of the loan certificate," and the plaintiff requested the defendant to pay the debt several times after the completion of the loan certificate, but the defendant failed to pay the debt to the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff 120,000,000 won and interest or delay damages on the loan to the plaintiff (hereinafter "the contract of this case") with the preparation and delivery of the above loan certificate. Thus, the defendant is obligated to pay to the plaintiff 120,000,000 won and interest or delay damages, unless there are special circumstances.

2. The Defendant’s defense over the borrowed amount, etc. is limited to KRW 62,700,000 in total, which was borrowed from the Plaintiff from June 21, 2004 to July 21, 201. The Defendant’s defense over the borrowed amount is limited to KRW 62,70,00 in total, and the Defendant’s remainder of the borrowed amount paid KRW 50,000 to the Plaintiff from January 1, 2013 to January 6, 2014, with the payment of KRW 50,000 in total and interest KRW 62,70,000 in total as principal and interest KRW 82,780,00 in total as of August 30, 2014. However, the Plaintiff’s claim of this case does not seek performance of the obligation under the instant agreement and does not seek performance of the previous obligation, on grounds of the Defendant’s assertion immediately.