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(영문) 서울중앙지방법원 2014.12.10 2014나21181
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Upon the request of the defendant in around 2001, the plaintiff extended the above amount of KRW 30 million from the plaintiff's friendship C to the defendant, and again lent the above amount to the defendant at an interest rate of 3% per month.

B. From November 2001 to around 2002, the Defendant deposited the sum of KRW 4 million into C’s deposit account.

C. On June 24, 2003, the Defendant prepared a written confirmation of the following (hereinafter “instant confirmation”) and issued it to the Plaintiff.

The principal of the correct book: 26 million won: Interest accrued until April 2002: 14 months (not later than June 2003): 14 million won (not later than June 2003).

7. The deposit interest of KRW 5 million on 28.28.2, the principal shall be repaid by December 31, 2003, and interest shall be re-written in January 2004, and the interest shall be re-written in re-resolution.

With respect to the principal of KRW 26 million, interest shall be paid up to December 31, 2003 (three percent per month).

D. After that, between July 31, 2003 and September 7, 2004, the Defendant deposited KRW 11 million in total with C’s account designated by the Plaintiff as follows:

The fact that: (a) KRW 1,00,000 on July 31, 2003, KRW 500,000 on August 6, 2003, KRW 500,000 on August 11, 2003, KRW 1,000,000 on January 5, 2004, KRW 500,000 on January 8, 2004, KRW 1,000 on March 9, 2004, KRW 1,000 on June 1, 2004, KRW 50,000 on June 3, 200 on KRW 5,00 on June 3, 200, KRW 1,000 on July 7, 2004; (b) KRW 31,000 on September 5, 204 without dispute over each of subparagraph 31 through 21, 204

2. According to the judgment on the cause of the claim, according to the above facts, the defendant is obligated to pay to the plaintiff 40 million won in total with the principal and interest of the borrowed loan and the interest of 26 million won in total as stated in the letter of confirmation of this case, 3% per month from June 25, 2003 to the day of full payment.

On the other hand, if the person performing the obligation did not complete the entire obligation, the payment shall be made in the order of the cost, interest, and principal (Article 479(1) of the Civil Act). Thus, barring any special circumstance, the Defendant shall make up for the Plaintiff after the date of the written confirmation of this case.

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