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(영문) 수원지방법원 안양지원 2018.03.22 2016가단123738

대여금

Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2009 to March 22, 2018, and the following.

Reasons

1. Basic facts

A. On April 2, 2007, the Plaintiff agreed to lend KRW 100 million to the Defendant with the interest rate of KRW 2% per month, and borrowed KRW 100 million per annum from the Defendant to the Plaintiff and the issuer as the Defendant, and borrowed KRW 50 million per day, KRW 10 million on July 18, 2007, KRW 10 million on the same day, KRW 16 million on October 16 of the same year, KRW 30 million on October 17 of the same year, and KRW 100 million in total.

B. In addition, on February 5, 2008, the Plaintiff additionally lent KRW 10 million to the Defendant.

C. On July 30, 2008, the Defendant prepared and delivered the cash custody certificate (hereinafter “the cash custody certificate of this case”) as follows, on July 30, 2008, with the interest rate of KRW 10,000,000 per month on the above loan to the Plaintiff.

I undertake to deposit the daily cash as business operation funds on July 30, 2008, and to refund 0 million won on June 30, 2009.

The principal shall be paid at the rate of 7/1,8/1,9/1, 10/1, 11/1, 11/11 of each month interest rate and at the rate of 7/1,200,000 won, each month interest rate shall be paid at the rate of 11/1,00,000 won, and thereafter at the rate of 2,20,000 won shall be paid at the date of each month.

Then, around March 2009, the Plaintiff seized the security deposit and the collection of the Cnam store and the pressure static store (hereinafter “each store of this case”) operated by the Defendant on the basis of the instant notarial deed. Around March 2009, the Plaintiff transferred KRW 100 million claim based on the instant notarial deed to D’s wife E who acquired the said store from the Defendant, and released the said seizure.

[Reasons for Recognition] Unsatisfy, Gap-5 evidence, Eul-3-5 evidence, and the purport of the whole pleadings

2. Determination as to the claim for a loan of KRW 10 million on February 5, 2008

A. According to the reasoning of the judgment on the cause of claim, the Defendant’s loan amounting to KRW 10 million on February 5, 2008 and the Plaintiff’s claim on this point from July 1, 2009.