beta
(영문) 서울중앙지방법원 2015.01.09 2014가합41105

대여금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 192,185,096 and the interest rate of KRW 20% per annum from December 31, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff deposited KRW 230 million in total five times from January 25, 2013 to August 28, 2013 with the account under the name of the Defendant.

B. On September 26, 2013, the Defendant and the Mamod Co., Ltd. (hereinafter “Defendant, etc.”) drafted and sent to creditors, including the Plaintiff, a letter of payment for the following contents (hereinafter “instant letter of payment”).

1. The obligees including the Plaintiff, etc. leased the sum of KRW 1,225,60,000 (the Plaintiff’s portion is as indicated below) to the Defendant, etc. on September 26, 2013, and the Defendant borrowed it.

On December 30, 2013 December 30, 2013, Sep. 28, 2013, Plaintiff 168,000,003, 93, 15,624,000, 8,561, 096, 192, 185,09,096,06,00 of the total amount of dividends (20% per annum) paid for the total amount of interest in arrears (20% per annum) for the number of days of inclusion in the total amount of re-investment in the total amount of the total amount of

2. The defendant, etc. shall repay to the creditor in order through the real estate rental auction case and other methods, such as Chuncheon District Court C and Cheongju District Court D, and shall pay to the creditor the amount including dividends and interest during the period until December 30, 2013.

3. If the defendant, etc. delays the repayment of principal or interest, the delayed payment shall be paid to the creditor at the rate of 20% per annum for the delayed repayment of the principal or interest.

Provided, That the maturity of the defendant, etc. may be adjusted by the understanding of creditors.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 5, and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant lent a total of KRW 230 million over five occasions to the Defendant, upon receiving a request from the Defendant, that “I would pay an investment amount necessary to purchase the NPL claim of the building NPL, and the financial company’s non-performing loans.” The Defendant also made the instant payment to the effect that I would have not repaid the loan amount, and that I would have the said amount repaid. The Defendant also made the instant payment to the effect that I would have the said amount repaid.