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(영문) 서울고등법원 2015.02.13 2014나2017594
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. The plaintiff and the defendant resided in the same apartment complex and carried out the duties of executive officers of each apartment building and women's association, and they became friendship with children attending the same elementary school.

The loan certificate

1.Japan: the above-mentioned amounts are borrowed, guaranteed and agreed as follows, in the limit of KRW 190,000,000,000 per day.

2. The due date: The method of payment of interest on May 2, 2009 shall be paid to the creditor on the second day of each month.

On May 2, 2008, the above creditor of the defendant : the plaintiff remitted the amount of KRW 140,000,000 on May 2, 2008 at the request of the defendant, and KRW 50,000,000 on May 9, 2008 to the defendant's account, and around that time, the defendant prepared the following loan certificates (Evidence 2, hereinafter "the loan certificates of this case") as follows to the plaintiff:

From June 2, 2008 to December 2, 2008, the Defendant remitted KRW 4,000,000 to the Plaintiff’s account seven times each month from June 2, 2008, in total, KRW 28,00,00.

【Facts without dispute over the grounds for recognition, entry of Gap evidence 1 through 10, purport of the whole pleadings

2. Determination as to the cause of action

A. On May 2, 2008, the Plaintiff leased KRW 190,000 to the Defendant with interest of KRW 190,00,000 per month and KRW 190,000 per annum on May 2, 2009. The Plaintiff merely received interest of KRW 14 months and did not receive the remainder of interest and principal. Thus, the Defendant claimed that the Defendant was liable to pay the Defendant’s principal interest of KRW 190,000 and KRW 184,00,000 from July 2, 2009 to May 1, 201, and KRW 374,000,000 in total, and KRW 190,000 and KRW 190,000 in interest and KRW 25,00 in interest and KRW 26,50 in interest and KRW 25,00 per annum on May 25, 201.

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