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(영문) 서울중앙지방법원 2018.11.15 2018가합513806
대여금
Text

1. Defendant B’s KRW 600,000,000 as well as each month from January 30, 2018 to the day of full payment with respect to the Plaintiff.

Reasons

1. The Plaintiff, on February 15, 2017, lent KRW 100 million to Defendant B, KRW 1250,000 per month interest payment date, KRW 200,000 per month (if it is not a business day, the immediately following business day) on the 20th day of February, 2017, KRW 250,000 per month interest payment date, and KRW 30,000 per month (if it is not a business day, the immediately following business day) on the 30th day of the payment date of interest (if it is not a business day, the immediately following business day) determined on September 6, 201, KRW 250,00 per month interest payment date, KRW 10,000 per month (if it is not a business day, the immediately following business day), and KRW 100,000 on the 29th day of February, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each branch number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the plaintiff's claim against the defendant B

A. According to the determination of Paragraph (1) on the cause of the claim, the Defendant B is obligated to pay to the Plaintiff the sum of KRW 600 million (i.e., the loan amount of KRW 100 million as of February 15, 2017, the loan amount of KRW 200 million as of February 27, 2017, the loan amount of KRW 200 million as of September 6, 2017, the above loan amount of KRW 100 million as of November 29, 2017, and the above loan amount of KRW 200 million as of November 29, 2017; hereinafter referred to as “the loan amount in this case”), and to pay the Plaintiff the final interest payment after December 2, 2017, the amount of each of the above loans is calculated at the rate of KRW 75 million as the agreed interest agreed upon by the Plaintiff from January 30, 2018, which was the last payment date of interest.

B. Defendant B’s assertion and determination of Defendant B claimed that the instant loan was not the Plaintiff’s loan but the money invested by the Plaintiff. However, the following facts and circumstances, i.e., the following facts and circumstances, which may be acknowledged by the evidence presented under paragraph (1), among the loan funds in this case, (i) February 15, 2017; (ii) February 27, 2017; and (iii) September 6, 2017.

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