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(영문) 서울북부지방법원 2019.06.14 2018가단135307

대여금

Text

1. The Defendant’s interest rate of KRW 50 million and KRW 10 million among the Plaintiff shall be from May 29, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On December 31, 2013, the Plaintiff received interest calculated at the rate of 21% per annum from the Defendant (the monthly amount of KRW 350,000) from the Defendant, and on December 31, 2013, KRW 20 million as indicated in attached Table 1 (hereinafter “first loan”).

(2) Since March 27, 2015 to April 21, 2015, the Plaintiff additionally lent the money listed in the attached Table 2 through 6 to the Defendant. Around April 27, 2015, the Plaintiff received a proposal from the Defendant to pay a total of KRW 200 million per annum (12% per annum) to the Defendant when he/she lends a total of KRW 200 million from the Defendant. On May 7, 2015, the Plaintiff lent KRW 1750,000 in total to the Defendant by remitting KRW 975 million listed in the attached Table 7 from May 7, 2015.

(hereinafter referred to as “second loan”). The Defendant issued a promissory note (the face value KRW 200 million and the issue date June 1, 2018) stating the purport of the agreement to the Plaintiff. The Defendant issued a promissory note (the face value KRW 200 million and the issue date) to the Plaintiff.

3) The Plaintiff thereafter, from May 28, 2015 to April 3, 2018, lent a total of KRW 39,983,000 to the Defendant, including loans 1 and 2, by lending each amount listed in the [Attachment 8 to 45] attached table from May 28, 2015 to April 3, 2018 (hereinafter “the Defendant’s statement of transactions in the Defendant’s statement of transactions”) attached to the Defendant’s statement of November 12, 2018, entered the sum of the Plaintiff’s damages in KRW 39,963,82,000,000,000,000,000 won (hereinafter “the Defendant’s statement of transactions in the Defendant’s statement of transactions”).

(B) B. (1) On January 27, 2014, the Defendant paid a considerable amount of money to the Plaintiff up to May 28, 2018, on the commencement of remitting the interest of KRW 3.5 million on the first loan of KRW 20 million.

The defendant's statement of transactions stated that total amount of KRW 390,918,822 shall be paid to the plaintiff, but it appears that there exists duplicate contents among them, and since evidence supporting each repayment was not submitted.