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(영문) 서울남부지방법원 2016.01.15 2015가합7184

대여금

Text

1. The defendant shall pay to the plaintiff KRW 207,178,082 and KRW 100,000 among them, from December 12, 2015 to the date of full payment.

Reasons

1. On May 17, 2012, the Plaintiff and the Defendant lent KRW 100,00,000 to the Defendant, and the period of repayment shall be three months from the date of the above lending. The Defendant agreed to transfer the ownership of subparagraph 102 of the building Nam-gu Incheon Metropolitan City according to the Plaintiff’s choice or to pay the value of the above real estate to the Plaintiff at KRW 10,000 per square year. The Defendant, with the intent of paying the value of the above real estate as profit, made a promissory note in the face value of KRW 200,000,000 at face value, KRW 10,000,000 at face value, and KRW 40,000,000 at face value as the intention of paying the said real estate as profit.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 250,000,000 (=200,000,0000) and damages for delay therefrom (40,000,000).

2. According to the evidence evidence Nos. 1, 2, 3-1, 2, and 3-1, 3-1, 2, and 3-1, 3-2, and 3-2, the Defendant borrowed KRW 100,000 from the Plaintiff on May 17, 2012 as the payment period for the Plaintiff on August 17, 2012 and agreed to transfer the Plaintiff’s ownership of KRW 100,000 (per 21.06 square meters), or to pay the value of the above real estate to the Plaintiff at the Plaintiff’s option at KRW 30,00,000 per day, KRW 20,00, KRW 300, KRW 300, KRW 100, KRW 300, KRW 300, KRW 100, KRW 200, KRW 300, KRW 300, KRW 130,200, KRW 13,201, respectively.

However, Articles 2(1), 2(2), and 4(1) of the former Interest Limitation Act (Amended by Act No. 12227, Jan. 14, 2014); and Article 2(1) of the former Interest Limitation Act concerning the maximum interest rate (Amended by Presidential Decree No. 25376, Jun. 11, 2014).