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(영문) 서울중앙지방법원 2018.03.08 2016가단154541
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from January 27, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned money to the Defendant by means of account transfer, as indicated in the table 1 below, with the interest rate set at 2% per month and with the maturity of payment fixed:

(hereinafter referred to as "the loan of this case". The loan amount of 2,00,000,000 2,000,000,000 on January 2, 2013 as of January 2, 2013 (hereinafter referred to as "the loan of this case") shall be March 26, 2013, 5,000,000 15,000,000 15,000,000,000 on April 25, 2013, 200,000 20,000,000, 60,600, 600, 600, 600, 600, 600, 1000, 10,000, 100, 100,000, 10,003, 15, 2008

B. After the commencement of the instant lending, the Defendant transferred the money to the Plaintiff as indicated in the following table:

Serial 1 on January 22, 2013: 1, 200; 200; 21,50,000 on February 22, 2013; 3. 1,50,00 on April 20, 2013; 1,60,00 on May 21, 2013; 1,70,000 on April 20, 200; 3.40, 200 on July 22, 2013; 1,740,007 on September 21, 2013; 1,000 on May 21, 2013; 1,000 on May 21, 201, 204; 1,000 on September 21, 2013;

2. Determination on the cause of the claim

A. Since the Plaintiff loaned money to the Defendant as stated in Table 1, the Plaintiff sought payment of the instant loan and damages for delay.

B. The Defendant’s defense, as indicated in Table 2, paid to the Plaintiff the principal and interest of the instant loan amounting to KRW 2,654,00.

C. The Defendant’s defense was transferred over 15 times from January 22, 2013 to July 22, 2014 to KRW 2,6540,00,000. Thus, as to whether the said amount was transferred to the repayment of the instant loan, the following circumstances are acknowledged based on the health class, the aforementioned evidence, and evidence No. 3, No. 2-2, No. 4, No. 4-6, and No. 7, and the purport of the entire pleadings, namely, the said amount transferred by the Defendant.

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