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(영문) 서울중앙지방법원 2020.04.07 2018가단5218147

대여금

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 190,890,474 as well as the Plaintiff’s from January 1, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that merged C on September 1, 2016 (hereinafter “C”) and comprehensively succeeds to the rights and obligations of the said company, and the Defendant was a representative of D (hereinafter “D”).

B. C transferred KRW 40 million to a bank account under the name of the Defendant, as well as KRW 30 million on June 15, 2012, and KRW 10 million on September 3, 2012, KRW 50 million on September 28, 2012, KRW 23.5 million on May 7, 2013, and KRW 243.5 million on a total, to a bank account under the name of the Defendant.

C. A notarial deed was made between C and the Defendant as follows:

The details of the certificate of the date of preparation / Interest on June 15, 2012 / Damages for delay due to the due date / No. 172,62,650,000 of the Notarial Joint Office No. 623, Jun. 14, 2015 / 10% per annum 36% per annum / 36% per annum 34, May 19, 2014 (No. 334, 2014) of the Notarial Joint Office No. 70,000,00 on the No. notarial Deed (No. 335, 2014) of the Monetary Loan Agreement No. 172,62,650 on May 19, 2014 / [No. 30% per annum] of the No. 151, No. 51, No. 131, No. 54, the purport of the entire pleadings

2. Summary of the parties’ assertion

A. The plaintiff C is the defendant 1.B.

As stated in paragraph (1), a sum of KRW 243,50,000 was lent, among which 12,609,526 won was repaid, and the remainder was 230,890,474 won was paid. To secure this, the Defendant and the Defendant drafted a notarial deed on June 15, 2012 and a monetary loan loan agreement (Evidence A6) on January 1, 2016, and then drafted again the notarial deed on May 19, 2014, taking into account interest, etc.

Therefore, the Defendant comprehensively succeeds to C, based on the money consumer loan contract (Evidence A6) dated January 1, 2016, and the conjunctive is ① the money consumer loan contract contract as of June 15, 2012, and the instrument of promissory note as of May 19, 2014, respectively.