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(영문) 서울중앙지방법원 2015.04.03 2014가단258104

대여금

Text

1. The defendant shall pay to the plaintiff KRW 89,546,205 as well as KRW 78,300,000 among them, from October 29, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On September 18, 2008, the Defendant drafted each loan transaction agreement between the Plaintiff and the Plaintiff (hereinafter “each of the loan transaction agreements of this case”) under which a total of KRW 81,000,000 is to be loaned from the Plaintiff.

(hereinafter referred to as “each of the instant loan agreements” under each of the instant loan transaction agreements. (b)

On September 25, 2008, the Plaintiff implemented a loan of KRW 81,000,000 (hereinafter “instant loan”) in accordance with each of the instant loan agreements.

C. As of October 28, 2014, the principal and interest of each of the instant loans agreement based on each of the instant loans agreement is KRW 89,546,205 in total (the agreed interest rate of KRW 8,60,822 in total). The overdue interest rate of KRW 14.68% in total after October 28, 2014 is 14.68% in total.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts, the Defendant, as a party to each of the loan agreements of this case, is obligated to pay damages for delay at the rate of 14.68% per annum, which is the date following the base date for calculating the principal and interest of loans, and the balance of the principal and interest of the loans, to KRW 89,546,205, and KRW 78,300,000, which are the parties to the loan agreement of this case, except in extenuating circumstances. < Amended by Presidential Decree No. 25784, Oct. 29, 2014>

3. Judgment on the defendant's assertion

A. The Defendant’s assertion that the loan of this case was transferred directly to the executor as part of the collective loan of the “C” shopping district located in Jung-gu Seoul, Seoul, which was sold by the Plaintiff, as a collateral. The Defendant only prepared documents necessary for the secured loan, and thus, there is no responsibility to repay the loan of this case.

B. According to the following circumstances, the Defendant’s judgment and copies of each loan transaction agreement under the name of the Plaintiff and the Defendant (each evidence Nos. 1 through 3) comprehensively considered the purport of the entire pleadings, based on the following circumstances.