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(영문) 서울북부지방법원 2018.05.01 2017가단1735
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,97,712 as well as 25% per annum from April 28, 2018 to the day of full payment.

Reasons

1. According to the evidence evidence No. 1 and evidence No. 6-1 and No. 6-2, the Plaintiff is obligated to pay to the Plaintiff the interest calculated at the rate of 25% per annum, which is the limit under the Interest Limitation Act, from July 21, 2015 to the date of full payment, on July 20, 2015, as the Plaintiff lent the interest of KRW 9 million to the Defendant on July 20, 2016.

2. The Defendant asserts that around July 2015, the aforementioned nine million won was replaced by the lease deposit, since the Defendant entered into a lease agreement with the Plaintiff on the deposit of KRW 100 million with the lease deposit and the Defendant paid KRW 9 million with the lease deposit once again to the Plaintiff, and paid KRW 100 million until July 20, 2016, if the lease deposit is not paid, it agreed to substitute the lease deposit with the lease deposit.

According to the evidence Nos. 1 and 2 and evidence Nos. 1, the following facts: (a) regarding the first floor store in Seongbuk-gu Seoul Metropolitan building owned by the Defendant, the lessor is acknowledged to have remitted the amount of KRW 11.7 million between August 21, 2013 and March 24, 2016 to the Plaintiff, lessee, lease deposit, and the period from July 20, 2015 to July 20, 2017; (b) the loan certificate No. 1 states that “the period of rent shall be from July 20, 2015 to July 20, 2017,” while the loan certificate No. 1 states that “the Plaintiff shall be present at the Plaintiff’s domicile on July 20, 2017; and (c) it is recognized that the Plaintiff transferred the amount to the Defendant from August 21, 2013 to March 24, 2016 to July 2015.

However, according to each of the evidence Nos. 4 through 6-1, 2, 8-1, 2, and 9 (the authenticity is recognized by the appraiser D's appraisal result), the defendant.

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