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(영문) 서울서부지방법원 2015.05.12 2012가단56378

대여금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 44,506,711 and KRW 25,000 among them, from April 22, 2015.

Reasons

1. In full view of each of the statements in Gap evidence Nos. 1 through 9 and 11 of the basic facts (the establishment of the personal records does not dispute, and the authenticity of the entire document is presumed to have been established. The defendants have no evidence to prove that the evidence No. 1 to No. 3 was forged, but no evidence to prove it exists) and the whole purport of the pleadings as a result of the written evidence appraisal by appraiser D, the plaintiff due date for payment to the defendants around March 18, 2003 (hereinafter "the first loan of this case").

7. 18. 18. The interest rate shall be set at 4% per month, each of which shall be 19,500,000 won on May 22, 2003 (hereinafter “the second loan”) and the period for repayment shall be the same year.

9. 22. 22. Around June 20, 2003, the interest rate of KRW 19,000,000 was set and lent to Defendant B as 4% per month, and the fact that the payment period was due and extended to Defendant B as 10.20,000,000 (hereinafter referred to as this case’s third loan) and the rate was 4% per month.

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay KRW 59,950,000 to the Plaintiff at an annual rate of 20% as calculated from February 1, 2015 for the remainder of KRW 44,50,000 for the interest on the first loan up to January 14, 2015, as well as the first loan amount of KRW 25,000 for KRW 19,50,000,00 for the second loan of this case from September 22, 2003 to the day of full payment. Defendant B is jointly and severally liable to pay to the Plaintiff interest calculated at an annual rate of KRW 35,00 for the loans of this case from January 14, 2015 to the day of full payment. Defendant B is obligated to pay to the Plaintiff at an annual rate of 19,000,000 for the interest rate of KRW 3 loans of this case to the date of full payment.

3. Judgment on the defendants' assertion

A. The Defendants asserted that the Defendants paid the sum of KRW 71,800,000 to the Plaintiff by 2012.

B. According to the reply to the order to submit financial transaction information at the Ethical branch of the Korean National Bank, Defendant B’s totaled KRW 61,610,000 = the Plaintiff.