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(영문) 서울남부지방법원 2018.01.23 2017가단224139

대여금

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1. As to the Plaintiff’s KRW 148,50,000 and its KRW 30,000 among them, the Defendant shall start from November 1, 2013, and 50.

Reasons

1. Facts of recognition;

A. On June 25, 2013, the Plaintiff decided to lend KRW 30,000,000 to the Defendant on October 31, 2013 and paid the above amount on June 26, 2013.

B. On September 3, 2013, the Plaintiff decided to lend KRW 50,000,000 to the Defendant on December 30, 2013 and paid the above amount on September 4, 2013.

C. On October 1, 2013, the Plaintiff lent KRW 50,000,00 to the Defendant, KRW 5,000,000 on January 28, 2014, KRW 500,000 on February 18, 2014, KRW 24.2,00,000 on April 4, 2014, KRW 200,00 on April 24, 2014, KRW 5,000 on September 22, 2014, and KRW 3,000,00 on January 22, 2015, respectively.

On December 30, 2015, the Defendant expressed to the Plaintiff the intent to repay each of the remaining amounts until December 31, 2017, the amount equivalent to 50% of the total amount of 148,500,000 won borrowed.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts, with respect to the Plaintiff’s total amount of KRW 148,50,000 and its total of KRW 30,000,000 among the loans, the Defendant is obligated to pay the Plaintiff the annual interest rate of KRW 5,000 from November 1, 2013 following the due date for repayment to KRW 50,000,000, the total of KRW 68,500 from December 31, 2013 following the due date for repayment to KRW 68,50,000 (= KRW 50,000,000 KRW 5,000,000,000 and KRW 2,00,000,000,000 from January 1, 2017 to April 5, 2015, each of the following day following the due date for repayment to the Defendant’s annual interest rate of KRW 5,000,000,000.

B. As to the judgment on the Defendant’s assertion, the Defendant recognized the fact that the Defendant borrowed money from the Plaintiff, but, on October 22, 2014, agreed with the Plaintiff to convert the Plaintiff’s loan into the investment amount while entering into a sales contract with the Plaintiff. Therefore, the Plaintiff’s claim of this case cannot be complied with.

or household affairs of the plaintiff.