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(영문) 서울중앙지방법원 2016.08.26 2015가합21528

대여금

Text

1. The Defendant shall pay USD 617,058 to the Plaintiff the interest rate from December 24, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation of Vietnamese, in the Vietnamese State, a hotel "Strim Strip" (hereinafter "the hotel of this case").

B. On December 15, 2014, the Plaintiff determined and lent USD 645,160 (hereinafter “$”) to the Defendant at 18% per annum.

On the same day, the Defendant issued to the Plaintiff a promissory note, the amount of which, maturity, interest in arrears, the place of payment, and the issue date of which are in blank (hereinafter “instant promissory note”), and granted the Plaintiff a supplementary right to the instant promissory note.

C. By December 23, 2014, the Defendant paid USD 28,102 to the Plaintiff the principal, and the remaining principal was KRW 617,058.

The Plaintiff exercised his/her right to supplement the bill amount of this case by stating “617,058 dollars,” “617,058 dollars,” “18% per annum in the overdue interest column,” “18% per annum in the overdue interest column,” “Seoul Gangnam-gu in the Republic of Korea” in the place of payment and “23 December 2014 in the issue date column,” and currently holds the Promissory Notes.

【Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings】

2. According to the facts of the determination as to the cause of the claim, the Defendant, the issuer of the Promissory Notes, is obligated to pay to the Plaintiff, holding the Promissory Notes of this case, USD 617,058, and damages for delay calculated by the rate of 18% per annum as stated in the Promissory Notes of this case from December 24, 2014 to the day of full payment, with the maturity of 617,058.

3. Judgment on the defendant's assertion

A. First of all, in order to gambling at the VIP room of the hotel of this case from B, the Defendant signed the Promissory Notes in the instant case and borrowed gambling money from the Plaintiff.