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(영문) 서울남부지방법원 2016.07.15 2016가합103782

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 540,00,000 as well as KRW 510,00,000 from March 29, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On February 16, 2015, the Plaintiff lent KRW 510 million to the Defendant (hereinafter “instant loan”). On February 16, 2015, the Plaintiff received from the Defendant a loan certificate stating that “The amount of KRW 150 million shall be due, August 13, 2015, interest shall be due, 9% per annum from February 20, 2015 to August 31, 2015, 200, 30% per annum, 30% per annum if the principal is unable to be repaid by August 31, 2015, and 30% per annum if the interest was paid by the date of arrears until August 31, 2015 (hereinafter “the loan certificate of this case”) and “the interest payment of KRW 360 million per annum, 300 million per annum, 300,000,000,000 from August 31, 2015, 203.”

B. On February 16, 2015, the Plaintiff drafted and implemented a written agreement to the Defendant stating that “The repayment date of the obligation based on the instant loan No. 1 shall be extended by six months, and the parties to the agreement on the instant loan shall be determined at KRW 2.5 million per month, irrespective of the description of the instant loan No. 1 and No. 2.” (hereinafter “instant agreement”).

C. The Defendant did not pay not only the principal of the instant loan, but also the interest to the Plaintiff once.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff KRW 540 million, which is the sum of KRW 510 million and interest KRW 30 million from March 20, 2015 to February 20, 2016 (=2.5 million per month x 12 months) and KRW 510 million, which is the following day after the delivery of the original copy of the instant payment order from March 29, 2016 to the day of full payment. The Defendant shall pay to the Plaintiff KRW 25% per annum as to the agreed interest within the scope of interest calculated by the Plaintiff from March 29, 2016 to the day of full payment.