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(영문) 서울북부지방법원 2013.02.14 2012가단35320
대여금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 32,400,000 and among them, KRW 22,400,000,000 from April 10, 2011 to August 27, 2012

Reasons

1. On December 16, 2009, Defendant B borrowed interest of KRW 10 million from the Plaintiff at a rate of 2% per month from the Plaintiff (hereinafter referred to as “motor vehicle”) and made a promissory note with a face value of KRW 13 million per the collateral, and the due date on December 16, 2010 and delivered it to the Plaintiff.

B. On December 28, 2009, Defendant B borrowed interest of KRW 10 million from the Plaintiff as 2% per month (hereinafter “tax borrowed”). Defendant C prepared and delivered to the Plaintiff a letter of delegation as to the preparation of a promissory note No. 13 million per annum around that time.

C. From around 2010, Defendant B: (a) borrowed interest of KRW 10,00,000 from the Plaintiff twice a month at a rate of 2% per month (hereinafter “third borrowed amount”); (b) prepared and delivered to the Plaintiff a promissory note as of March 16, 2010, stating the issue date, the amount of which is KRW 20,000,000,000 in face value; and (c) Defendant C prepared and delivered to the Plaintiff a letter of delegation on the preparation of the authentic deed of promissory notes with face value of KRW 20,000,000.

On May 11, 2010, Defendant B borrowed KRW 2.4 million from the Plaintiff on May 11, 201, 200 per month for interest and one month after the due date.

(hereinafter referred to as "non-permanent loan"), / [Grounds for recognition / Each entry of Gap Nos. 1 through 9 (including partial numbers), and the purport of the whole pleadings.

2. Determination:

A. According to the above facts of recognition as to Defendant B, Defendant B: (i) KRW 32,40,000,000 (= KRW 10,000,000,000) and KRW 2,40,000,000,000 for each of the loans (= KRW 10,000,000,000) as to the Plaintiff; (ii) the above KRW 2,3,000,000,000 for each of the loans; (iii), and (iv) each of the loans was extended after April 10, 201, which was sought by the Plaintiff from April 10, 201 to August 27, 2012, the delivery date of the copy of the complaint in this case; and (ii) interest or delay damages calculated at the rate of interest of 20% per annum as to each of the loans from the next day to the date of full payment, within the agreed interest rate of KRW 10,000,00.

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