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Reasons
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(영문) 서울중앙지방법원 2015.12.04 2014가합587977
대여금
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1. As to KRW 310,00,000 among the Plaintiff and KRW 200,000 among them, the Defendant shall start from April 6, 2012 to December 14, 2015.

Reasons

1. Basic facts

A. The Plaintiff, in the name of “C,” etc., lent money to the Defendant operating the lending company from around 2005. As the Defendant paid a part of the borrowed money and the remainder of the borrowed money became KRW 200 million, the Plaintiff and the Defendant drafted a loan certificate stating that “the Defendant borrowed KRW 200 million from the Plaintiff” as of July 28, 2010 (Evidence A).

(hereinafter “instant loan 1”). (b)

On October 22, 2010, the Plaintiff received 920,000 shares of Korea Forest Investment Company (hereinafter “Korea Forest Investment Company”) listed on KOSDAQ (hereinafter “Korea Forest Investment Company”) as security, and lent KRW 150,000 to the Defendant KRW 150,000 to the Defendant.

(hereinafter referred to as “instant second lending”) C.

On May 17, 2011, the Plaintiff received 210,000 shares of ice items listed on KOSDAQ from the Defendant as security, and lent KRW 100,000 to the Defendant.

(hereinafter referred to as “third lending”). D.

On April 11, 2011, the Defendant repaid the principal amount of KRW 100 million among the loans of this case No. 2, and around March 2013, the Defendant repaid the principal amount of KRW 40 million among the loans of this case No. 2 and 3.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, 6, 7, 9 (including Serial number; hereinafter the same shall apply), Eul's evidence 4, and the purport of whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff asserted that: (a) the Plaintiff shall pay the interest rate of 1% per month to the Defendant on the 8th day of each month; (b) interest rate of 2% per month on the 22th day of each month on the 3rd loan; and (c) interest rate of 2% per month on the 3rd loan was agreed to pay the Plaintiff at the 17th day of each month on the 17th day of each month; (d) the Defendant paid the Plaintiff the interest on the 1st loan of this case on March 8, 2012 on the 2nd loan of this case; and (e) interest on the 3rd loan of this case until March 22, 2012 on the 2nd loan of this case on March 22, 2012 on the 2nd loan of this case

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