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(영문) 서울중앙지방법원 2017.08.09 2016가단147178
대여금
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from October 22, 2016 to August 9, 2017, and the following.

Reasons

Basic Facts

On July 29, 2015, the Plaintiff transferred and lent KRW 20,000,000 to the Defendant by account transfer, including KRW 10,000,000 on July 30, 2015.

On July 30, 2015, around 17:00, at the coffee shop in Gangnam-gu Seoul Metropolitan Government, D kept cash of KRW 25,000,000 in the Plaintiff’s future, and prepared and delivered a cash custody certificate (No. 2; hereinafter “the cash custody certificate of this case”) to the Plaintiff by August 6, 2015.

On July 16, 2015, the Defendant issued a note 5,200,000 won at par value, and the due date on July 17, 2015, and delivered to the Plaintiff.

[Reasons for Recognition] There is no dispute, Gap evidence 1, 3, Eul evidence 1 to 3, the purport of the whole pleadings.

The plaintiff's assertion on the claim for a loan of KRW 20,000,000 as to the cause of the claim has been lent respectively to the defendant on July 29, 2015, and KRW 10,000,000 on July 30, 2015. The defendant decided that the total interest of KRW 20,50,000,000 should be repaid until July 30, 2015.

Although the Defendant had promised time, the Defendant unilaterally delivered the Plaintiff a cash storage certificate of this case to D, which was first viewed as a coffee shop, by having the Plaintiff prepare the cash storage certificate of this case.

Since the Plaintiff demanded D to pay the repayment to the Defendant, the Plaintiff sought the repayment of the above loan to the Defendant, the original obligor.

It was true that the defendant borrowed KRW 20,000,000 from the plaintiff's assertion, or that the money was lent again to D.

The Defendant introduced D to the Plaintiff, thereby preparing the cash custody certificate of this case, and agreed by the Plaintiff, and thus, the Defendant’s debt of KRW 20,000,000 is exempted from liability and the Defendant’s debt is extinguished.

D paid interest of KRW 2,00,000 to the Plaintiff on August 17, 2015.

D has paid KRW 26,00,000 to the Defendant, but it is the Defendant 61,800.

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