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(영문) 서울서부지방법원 2020.01.17 2019가단8385
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,378,043 as well as 24% per annum from December 1, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent money (total 118 million won) to the Defendant (the representative director of C Co., Ltd.) as follows.

1) Loan date: The loan date: June 27, 2014; 25 million won; the due date for repayment; December 27, 2014; 1.3 million won: September 19, 2014; the due date for payment; October 22, 2014; the due date for payment; 1.5 million won; the loan date; 30 million won; the due date for payment; 3.5 million won; the due date for payment; 3.5 million won; the Plaintiff received some of the above bonds at the court from September 14, 2018; 1.3 million won; 3.5 million won; and 1.5 million won; the Plaintiff received some of the bonds at the court from the due date for payment; 1.5 million won; 2.3 million won; and 1.5 million won; and 3.5 million won; and the Plaintiff received each of the above bonds at the due date for collection of dividends and promissory notes; 2.15 million won;

2. Specific determination on the Plaintiff’s claim

A. The defendant alleged that the defendant paid 310 million won or more including interest during the period of cash, but there is no evidence to acknowledge the payment.

(B) The defendant was not present at one time on the date of pleading.

1) The Defendant appears not to clearly dispute that each of the loans of this case is at least 24% per annum, and the Plaintiff is recognized as having received all of the interest accrued until November 2018. Furthermore, the Plaintiff is appropriated for all of the amounts collected or distributed as above to the principal of the loan, and this is also favorable to the Defendant, the obligor.

3. If so, the defendant is the plaintiff.

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