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(영문) 서울고등법원 2017.08.11 2017나2012835

대여금 반환 청구의 소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 16, 2013, the Plaintiff and the Defendant drafted a monetary loan agreement stating that “The Plaintiff shall deposit KRW 2,580,360,769 to the Defendant on July 22, 2013 in the deposit account in D of a law firm that the Defendant designates. The Defendant shall repay the loan to the Plaintiff on July 22, 2014. The interest shall be paid at the rate of 5% per annum, and the interest shall be paid every three months. If the repayment of principal and interest is delayed, delay damages shall be paid at the rate of 20% per annum. If the payment of interest is delayed for at least three months, the interest shall lose the payment due interest.”

B. On July 22, 2013, the Plaintiff deposited KRW 2,580,360,769 in a law firm’s deposit account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. On July 2013, the Defendant requested a loan of KRW 2,580,360,769 to the Plaintiff on the basis of the loss of interest due to the Plaintiff’s claim for the loan (main assertion) and the Defendant provided the said stocks as security for the loan, and said stocks will be paid in kind if the loan is not repaid.

Accordingly, on July 22, 2013, the Plaintiff entered into a monetary loan agreement with the Defendant, and lent KRW 2,580,360,769 to the Defendant’s deposit account designated by the Defendant.

However, the Defendant only repaid the Plaintiff KRW 32,00,000,000 on May 20, 2014, and KRW 80,000,000 on July 2, 2014, and KRW 200,000,000 on November 10, 2014, and KRW 30,000,000 on November 21, 2014, and KRW 20,000 on December 24, 2014.

The defendant's interest due to delay in the payment of interest was lost, and all of the above repayment was appropriated for interest or delay damages. Thus, the defendant shall pay the loan principal to the plaintiff 2,580,360.