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(영문) 서울중앙지방법원 2014.09.19 2014가합522932

대여금

Text

1. The defendant shall pay to the plaintiff 158,198,139 won and 2% per month from March 30, 2013 to the day of full payment.

Reasons

1. Basic facts

A. On May 11, 2012, the Plaintiff agreed to lend KRW 160,000,000 (hereinafter “instant loan”) and then remitted KRW 144,00,000,000 to the account under the name of the Defendant after deducting KRW 16,000 from the prior interest.

B. The Defendant paid KRW 3,200,000 to the Plaintiff as interest on the instant loan, respectively, on October 12, 2012; November 16, 201 of the same year; January 25, 2013; and February 25, 2013; and March 29, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The plaintiff is primarily responsible for the plaintiff's assertion, and the 144,00,000,000 won was actually paid after deducting the interest of 16,00,000 won from the 158,198,139 won from the 158,139 won. Thus, the defendant is obligated to pay the above loan balance and interest or delay damages to the plaintiff, and even in preliminary loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan

B. According to the reasoning of the evidence No. 7, No. 3, No. 4, and No. 5 of the instant loan, to secure the instant loan, on May 11, 2012, the Plaintiff’s husband D and C entered into a trade promise with respect to E land and ground buildings owned by C, and on May 14, 2012, the Plaintiff entered into a provisional registration for the right to claim transfer of ownership on the instant real estate on May 14, 2012. Part of the amount the Plaintiff paid to the Defendant is the attachment authority for the instant real estate owned by C.