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(영문) 서울중앙지방법원 2016.08.17 2015가단5227928
대여금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 20% per annum from June 18, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. According to the purport of the Plaintiff’s respective statements and arguments set forth in subparagraphs 1 through 6, February 21, 2015, the Defendant is acknowledged to have loaned KRW 30 million to the Defendant on February 21, 2005 as interest rate of KRW 20 million and KRW 1.2 million with interest rate of KRW 30 million on April 20, 2005 (=30 million with interest rate of KRW 30 million x 200 million x 20% x 200 million with interest rate of KRW 288 million after the Plaintiff’s account. According to the Plaintiff’s agreement that KRW 20 million with KRW 20,000 which was the Plaintiff’s husband’s private village of KRW 30,000,000 to the Defendant’s account, the Defendant may additionally set the amount of KRW 405,000,000,000,000 for each of the above 205,000,000.

(3) In light of the purport of Gap evidence No. 8 and the purport of oral argument, it is recognized that Eul transferred the claims of each of the loans of this case (30 million won) to the plaintiff during the proceeding of the lawsuit of this case and notified the fact of the assignment of claims (30 million won) to the defendant on June 15, 2016.

B. According to the above facts of recognition, the Defendant, a transferee of each of the instant loans, is within the agreed interest rate of KRW 40 million, and as the Plaintiff seeks, the following day from June 18, 2015 to September 30, 2015, as the date of delivery of a copy of the instant complaint, barring special circumstances.

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