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(영문) 서울남부지방법원 2017.01.12 2016가합1640
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 277,30,000 and the interest rate of KRW 15% per annum from April 19, 2016 to the date of full payment.

Reasons

The following facts are acknowledged in light of the overall purport of the arguments in the records of Gap evidence Nos. 1 through 3, Gap evidence Nos. 5 and 10 as to the cause of the claim.

(1) On July 10, 2009, the Defendant issued to the Plaintiff a promissory note with a face value of KRW 200,000,000, and written an authentic deed of promissory notes relating thereto.

B. On February 11, 2011, the Defendant drafted a letter (Evidence A 10) stating that “In the event that the Defendant has to pay the Plaintiff the debt amount of KRW 200 million, and the Plaintiff is unable to repay the said debt amount, the Defendant shall transfer the deposit amount of KRW 50 million to the Plaintiff on the first floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, in lieu of the partial payment of the said debt amount.”

On April 30, 2012, the Plaintiff and the Defendant transferred to the Defendant the Plaintiff’s share (50% of the Plaintiff’s share on the right of lease of the first floor of Yeongdeungpo-gu, Seoul E-gu 101 World (hereinafter “instant PccccccC”) and the Plaintiff’s obligor (F, and G)’s obligation (120 million won and the principal amount of KRW 1368 million out of the total amount between the accounts and the receipt of KRW 120 million), respectively, shall be liable to the Defendant, and if the Defendant is unable to pay the money by May 20, 2015, the Plaintiff and the Defendant drafted a written confirmation of the transfer of the right of lease of the Plaintiff’s share (70 million won and monthly interest of KRW 1.5 million).

On August 5, 2014, the Defendant prepared a certificate of fact (Evidence A 3) that “The Defendant submitted a letter to the Plaintiff on February 11, 2011, but was unable to perform its contents by arbitrarily disposing of (security deposit, etc.) according to his own circumstances, and the Defendant operated the instant pccccccccccccccccccccccccccccccccs from April 30, 2012.” As of August 5, 2014, the Defendant drafted to the Plaintiff a certificate of fact (Evidence A 3) that “as of August 5, 2014, the Plaintiff is liable

(v) the Defendant shall be the Plaintiff on June 4, 2015.

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