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(영문) 서울중앙지방법원 2020.10.29 2019가단5315816

대여금

Text

The defendant shall pay to the plaintiff KRW 132,00,000 as well as KRW 73,00,000 among them, from January 1, 2012 to October 29, 2020.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s argument-based C lent KRW 73 million to the Defendant in 1996, and the Plaintiff received a loan claim from C and notified the Defendant of the transfer of the claim.

Around 2002, the Defendant agreed to pay to the Plaintiff KRW 132 million including the principal of the loan and the interest of KRW 59 million from March 10, 2009 to July 2001. < Amended by Presidential Decree No. 20347, Oct. 31, 2009>

Therefore, the defendant is obligated to pay to the plaintiff the interest of KRW 132 million and the principal of KRW 73 million with interest rate of KRW 24% per annum from August 1, 2001 to the date of full payment.

B. The Defendant, around 196, did not dispute between the parties that received KRW 73 million from the Plaintiff’s punishment C, and comprehensively taking account of the purport of the entire pleadings in the evidence Nos. 1 and 2, the Defendant issued a promissory note of KRW 73 million at the face value to C on February 10, 1998, and written an agreement to pay interest of KRW 73 million at the 2% per month to C on October 31, 2009. The Defendant asserted that the Defendant received the transfer of credit from the Plaintiff on October 31, 2009 that “132 million won was paid between 2010 and 2011; provided that the Plaintiff was notarized, and that the payment note of KRW 200,000,000,000,000,000,000,000,000,000,000 won was issued to the Plaintiff.”

According to the above facts of recognition, the defendant agreed on October 31, 2009 to repay the claim amounting to KRW 132 million to the plaintiff on October 31, 2009, and the defendant paid the claim amounting to KRW 132 million according to the agreement, and the plaintiff paid interest.