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(영문) 서울고등법원 2018.01.18 2017나2026599

이자금반환청구

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) On November 13, 2011, the Defendant issued a loan certificate (No. 25, hereinafter “the first loan certificate”) stating to the Plaintiff as follows, and the said loan certificate is “the instant loan”.

was prepared and proposed.

A certificate of borrowing

1.Lump Sum: 1,00,000,000 won (one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one shall be

2. Contents: The debtor shall confirm the existing loan money and re- lend it as follows:

Loan 1,000,000,000

3. Date of repayment: At the time of demanding the payment of creditors.

4. Interest: 12 per annum.

(5) through (7) omitted) a certificate of borrowing;

1. Daily Deposit: KRW 1,100,000 (one hundred million) (including the interest from November 13, 201 to November 12, 201) shall be borrowed and agreed as follows:

2. Contents: The debtor shall confirm the existing loan money and re- lend it as follows:

Loan 1,000,000,000

3. Date of repayment: At the time of demanding the payment of creditors.

4. Interest: 1% per month.

(5) The Defendant, on November 13, 2013, issued a loan certificate with respect to the instant loan (No. 1; hereinafter “the second certificate”) stating the following as to the instant loan to the Plaintiff.

B) The Plaintiff prepared and sent the Plaintiff’s additional remittance. On February 4, 2012, 2012, after the preparation of the first certificate of use, the Plaintiff transferred KRW 200,000,000 to the Defendant’s his/her father’s wife G on March 16, 2012, and KRW 10,000,000,000,000 to the Defendant’s employee H of the hospital operated by the Defendant on March 26, 2012 (hereinafter “instant additional remittance”).

C. On March 7, 2016, the Plaintiff’s payment order finalized against the Defendant was issued with the Defendant as the debtor and the Seoul Central District Court 2016 tea3832, and with respect to the loans of KRW 1.1 billion, and the payment order issued with the rate of KRW 1.1 billion per month from November 13, 2013 to the date of full payment. The Plaintiff’s payment order was issued with the payment order with the rate of KRW 1.1 billion per month from November 13, 2013 to the date of full payment. The Defendant’s failure to raise an objection.