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(영문) 서울동부지방법원 2015.12.08 2014가합104474
대여금 등 청구의 소
Text

1. Defendant B’s KRW 175,000,000 as well as 20% per annum from July 8, 2014 to September 30, 2015, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B prepared a letter of certification of a monetary loan agreement between the Plaintiff and Defendant B (hereinafter “each of the instant certificates”) with the purport that the Plaintiff lent money to Defendant B at three times as follows.

① On December 14, 2011, interest rate of KRW 750,000 per month (payment on the last day of each month) and on December 30, 2013, leased KRW 24 million on February 28, 2012, and KRW 25 million on April 26, 2012. On April 26, 2012, the Plaintiff loaned KRW 24 million to the effect that each of the aforementioned KRW 24 million was returned on September 30, 2012 (payment on April 27, 2012) and the amount of KRW 400,000 on April 27, 2012, each of the instant agreements was returned to the effect that each of the instant KRW 300,500,000,000 on April 27, 2012 and the amount of KRW 400,000 on April 30, 2012.

B. Defendant B’s delivery of each of the instant notes prepared and delivered to the Plaintiff a letter to the effect that the Plaintiff was lent KRW 175 million in total, as indicated in the separate sheet “each of the instant notes” (hereinafter “each of the instant notes”).

C. The Plaintiff’s deposit, etc. with Defendant B, transferred total KRW 204,653,371 from the deposit account in the name of the Plaintiff to the Defendant B’s deposit account in the name of the Plaintiff, or deposited from the Plaintiff’s deposit account in the name of the Plaintiff.

Of them, the amount remitted to, or paid directly in cash to, the deposit account in the name of Defendant B is KRW 116,850,000, as stated in the aggregate column of “account, etc.”.

Until May 14, 2014, the Plaintiff and Defendant B agreed to pay KRW 175 million including the money loaned to Defendant B (hereinafter “instant loan”) to Defendant B, and the following content is a notary public of the deed No. 252, which is a law firm branch (hereinafter “notarial deed of this case”).

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