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(영문) 의정부지방법원고양지원 2015.01.21 2014가합3078

대여금등

Text

1. The defendant shall pay 155,00,000 won to the plaintiff and 20% per annum from March 18, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On February 20, 2003, the Defendant prepared and delivered to the Plaintiff a certificate of loan (Evidence A 4; hereinafter “the first certificate”) to the effect that the Defendant borrowed KRW 150,000,000 from the Plaintiff as interest rate of KRW 1% per month.

B. On November 20, 2004, the Defendant prepared and delivered to the Plaintiff a certificate of loan (Evidence A 1; hereinafter “the second certificate”) to the effect that the Defendant borrowed KRW 55,000,000 from the Plaintiff as interest rate of KRW 1% per month.

C. On February 23, 2006, the Defendant: (a) paid the Plaintiff KRW 1,800,000 per month to the Plaintiff in return for the payment of the deposit amount of KRW 1,00,000,000 to the Plaintiff in connection with the tax credit service of the first floor D Co., Ltd. underground in Yongsan-gu Seoul, Seoul, which the Defendant operated by the Defendant; (b) on the expiration of the contract period, the Defendant prepared and delivered the letter of contract for the use of the services (Evidence 2; hereinafter “instant contract”) to the Plaintiff that the Defendant would return the deposit amount of KRW 100,000,000 to the Plaintiff.

The plaintiff holds the first and second evidence and the contract of this case delivered by the defendant until the date of the conclusion of the pleadings of this case.

E. From March 8, 2006 to March 17, 2014, the Defendant borrowed money from the Plaintiff or paid money to the Plaintiff, as stated in [Attachment 2] borrowing and repayment column.

[Grounds: Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, Eul evidence Nos. 3, 4, 6 through 13 (including each number, if any) and the purport of the whole pleadings]

2. As to the Plaintiff’s assertion of the cause of claim (i.e., the Plaintiff’s assertion was determined and lent to the Defendant KRW 5,000,000 on Nov. 20, 2004 as interest rate of KRW 1% per month. As interest rate of KRW 1,80,000 on Feb. 23, 2006 was determined and lent as KRW 1,80,000 per month, the Defendant is obligated to repay to the Plaintiff each of the above loans amounting to KRW 155,00,000 ( KRW 5,00,000,000).

D. The parties concerned have no dispute over the above facts recognized as follows.