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(영문) 서울중앙지방법원 2016.05.18 2015가단5299459

대여금

Text

1. Defendant B’s loan amounting to KRW 35,700,000 and 6% per annum from January 1, 2014 to May 18, 2016, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s account in the name of the Defendant C is KRW 6 million on September 16, 2010; KRW 5 million on November 29, 201 of the same year; KRW 600,000 on February 11, 201; and

3. 10 million won, and the same year.

6. 17.2 million won (in the Plaintiff’s account, stated “B”), February 23, 2012, and the same year.

3.7.2 million won and KRW 700,000 won were remitted respectively on October 23, 201 of the same year, and KRW 20,000 won was remitted from the account under the Plaintiff’s name to D (Defendant B’s relative relative) on July 11, 2011, and wired KRW 10,000 from the account under the Defendant C’s name to the account under the Plaintiff’s name on July 29, 201.

(B) The account in the name of the Plaintiff is indicated as “B”. (b)

On September 14, 2013, the Plaintiff sent a note demanding Defendant B to draw up a loan certificate with the following contents, stating that “each amount remitted as above is a loan, and was settled and adjusted by settling accounts between the Plaintiff and the Defendant.”

7,00,000 won KRW 2,00,000 on March 26, 2009, KRW 6,000 on June 17, 2011, KRW 10,000 on September 16, 201, KRW 5,000,000 on July 29, 201, KRW 2000 on November 29, 201, KRW 2000 on February 23, 2012, KRW 60,000 on February 23, 2011; the total period of KRW 10,000,000 on March 7, 201; KRW 30,000 on March 37, 2011; and KRW 30,000 on March 37, 2011; and

Interest on the amount of difference in interest shall be the sum of overdue interest and principal, if no interest is paid at the rate of 7,903,000 won per annum from the borrowing date until December 31, 2013.

·Defendant B, Joint and Several sureties C

C. Defendant B is against the Plaintiff.

On September 15, 2013, after receiving the date of entry in the port, it is unreasonable to point out the error in the amount required by the Plaintiff, and to make payment to the interest.

If the payment of interest is not made until December 2013, 2013, it is desired to pay interest, and it is not possible to prepare a loan certificate in the name of the head of the local government, as well as in the name of the head of the local government.