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(영문) 서울북부지방법원 2020.08.18 2019나34280

대여금

Text

The judgment of the first instance court is modified as follows. A.

The defendant shall be KRW 60,911,707 and KRW 50,000 among them to the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2-1 through 3:

On June 11, 2014, the Defendant prepared a certificate of borrowing money (hereinafter “the instant loan certificate”) with the following content and delivered it to the Plaintiff.

Japan:The above-mentioned amount of one billion Won (100,000,000) shall be borrowed under the following conditions:

- the following-

1. The loan period shall be from June 11, 2014 to November 10, 2014.

2.The interest rate on the borrowed money shall be 12 per annum.

3. The payment date of interest shall be the 11th day of each month.

Defendant Creditor

B. On June 12, 2014, the Plaintiff transferred KRW 100,000,000 to the account under the name of the Defendant’s spouse, ① from the passbook under the Plaintiff’s name to the passbook under the Plaintiff’s name, ② from the account under C, the Plaintiff’s child, to the sum of KRW 20,000,000, respectively.

(hereinafter “instant KRW 100,000,000”) 2. Claim and judgment

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion merely lent KRW 100,00,000 to the Defendant on the same condition as the loan certificate in this case. The Defendant paid the Plaintiff the principal amount of KRW 50,000,000,000 among the loan KRW 100,000,000 from June 12, 2014 to September 9, 2016, and interest of KRW 15 months from the remainder of the principal amount of KRW 50,00,000 and KRW 12-month (from September 12, 2015, from September 9, 2016, the date following the payment of late payment in 15 to September 9, 2016).

of this case. The Corporation did not pay the amount of the

Therefore, with respect to the Plaintiff’s remaining principal and interest of KRW 62,00,000 and the principal of KRW 50,000 among them, the Defendant calculated the agreed interest rate of KRW 12% per annum from September 10, 2016 to the delivery date of a copy of the complaint of this case from September 10, 2016, and damages for delay calculated at the rate of KRW 15% per annum from the next day to the day of full payment.