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(영문) 서울남부지방법원 2015.06.16 2014가단58393

대여금

Text

1. Defendant B shall pay 85,00,000 won to the Plaintiff and 24% per annum from July 23, 2011 to the day of full payment.

Reasons

1. The Plaintiff and Defendant B agreed to determine the claim against Defendant B at least KRW 85 million by November 23, 2010 and that the above amount shall be paid at 24% per annum on the grounds that the Plaintiff and the above Defendant did not dispute each other, or that the interest shall be paid at the rate of 24% per annum from July 23, 201 to July 23, 201, respectively, of the evidence Nos. 1-2, 4, 5, 2, and 3, and the Plaintiff was paid interest until July 22, 2011. Thus, Defendant B, barring any special circumstance, is obligated to pay to the Plaintiff the principal amount of KRW 85 million and interest calculated at the rate of 24% per annum on the basis of the agreement from July 23, 2011 to the date of final payment of interest.

As to this, Defendant B, after the above Defendant borrowed KRW 400 million from the Plaintiff from around 1995 to around 1998, the claim of KRW 200 million was transferred to a third party, and KRW 150 million was repaid and paid to a third party, and then the Plaintiff has been given a reduction of KRW 20 million to the above Defendant. Although, in preparing the above loan certificate, Defendant B added KRW 30 million that was reduced as above, the Plaintiff and the above Defendant agreed to provide that the above KRW 30 million should be paid if the problem was resolved, so it is impossible to comply with the Plaintiff’s claim. Thus, it was argued that there was a reduction or exemption of debt as alleged by the above Defendant.

Even if the above defendant has agreed to pay the above debt in preparing the above loan certificate, it is proper that the above defendant has agreed to pay the above debt, and there is no evidence to acknowledge the special agreement as alleged by the above defendant at the time of drawing up the above loan certificate, and

2. The Plaintiff’s determination as to the claim against the Defendant C is the denial by the Defendant C, and the Defendant C is the Plaintiff’s KRW 85 million together with the said Defendant.