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(영문) 서울동부지방법원 2015.05.12 2014가단29507

약정금

Text

1. The Defendant: (a) KRW 70 million to the Plaintiff; and (b) 5% per annum from March 19, 2014 to May 12, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 16, 2012, the Defendant borrowed KRW 50 million on January 16, 2012 for the purpose of purchasing stocks, and the date of repayment of principal shall be determined as January 15, 2013. The interest shall be paid at 1.5 million won per month on January 15, 2013. The Plaintiff does not demand the repayment of principal and interest before January 15, 2013, and shall compensate twice the principal and interest. The Defendant shall immediately repay the principal and interest at the Plaintiff’s request, and shall compensate twice the principal and interest at the time of delay. The Defendant shall compensate twice the principal and interest at the time of the delay. Accordingly, the Plaintiff signed and sealed the loan certificate (Evidence 1; hereinafter “the loan certificate of this case”). Accordingly, the Plaintiff loaned KRW 1.5 million to the Defendant on January 16, 2012, KRW 1.5 million on the loan of this case.

B. On January 30, 2012, the Defendant: (a) borrowed KRW 50 million from the Plaintiff’s spouse for the purpose of purchasing stocks; and (b) the date of repayment of principal shall be determined on January 16, 2013; (b) paid KRW 1,50,000,000,000 per month on January 16, 2013. C does not demand the repayment of principal and interest by January 16, 2013; and (c) shall compensate twice the principal and interest at the time of the delay. At the time of delay, the Defendant shall immediately repay the principal and interest at the request of C; (d) written a loan certificate (Evidence No. 4) stating that “A shall compensate two times; and (e) C lent KRW 50,00,000 to the Defendant on February 3, 2012.

C. By December 2012, the Defendant did not pay interest to the Plaintiff at least 1.5 million won each month after the payment of interest to the Plaintiff, and did not pay the principal by the agreed payment date.

[Grounds for Recognition: Evidence No. 1, Evidence No. 3-1 to 3, and Evidence No. 4, the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition, in a case where the Defendant is unable to perform the obligation to repay the principal and interest of the loan to the Plaintiff by January 16, 2013, the Defendant shall add the loan amount to KRW 50 million.