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(영문) 광주지방법원 2015.01.29 2014가합56111

대여금

Text

1. The defendant shall pay 170,000,000 won to the plaintiff and 20% per annum from March 21, 2009 to the day of full payment.

Reasons

1. Basic facts

A. On February 20, 2006, the Defendant paid 170,000,000 won to the Plaintiff until February 20, 2007. If the said money is not paid at the payment date, the Defendant prepared a cash custody certificate stating that the said amount will be paid by adding the interest rate of 20% per annum to the remaining amount from the following day of the said payment date (hereinafter “the cash custody certificate of this case”).

B. Since July 13, 1998, the ownership transfer registration was completed on the ground of sale on December 17, 2004, the Plaintiff was completed on the ground that the ownership transfer registration was completed on December 17, 2004. On December 18, 2007, the ownership transfer registration was completed to E on the grounds of sale on December 10, 207.

C. The Defendant deposited KRW 40,00,000,00 on April 15, 2010, and KRW 10,000 on May 24, 2010, and KRW 3,000,000 on June 2, 2011, KRW 5,000,000 on November 14, 201, and KRW 5,000 on November 30, 201, and KRW 2,00,000 on January 22, 2013, and KRW 5,00,000 on May 30, 2013, respectively.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 3 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff alleged that the plaintiff lent 40,000,000 won to the defendant around May 10, 2004 and 130,000,000 won around September 20, 2005, respectively, and upon the defendant's request for payment, the defendant prepared the cash custody certificate of this case.

However, on April 15, 2010, the Defendant did not pay the Defendant the amount of KRW 40 million until May 30, 2013, including the said money, and paid KRW 70,000,000 to the Plaintiff.

Since the above KRW 70,00,000 has been repaid with interest on KRW 170,00,000 for principal until March 20, 2009, the Defendant is obligated to pay to the Plaintiff the principal amount of KRW 170,000,000 and damages for delay calculated at the rate of 20% per annum from March 21, 2009 to the date of full payment.

B. The Defendant’s assertion (1) The land of this case C