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(영문) 서울서부지방법원 2016.06.23 2015가합31810
대여금
Text

1. The Defendant’s 200,000 U.S. dollars to the Plaintiff and the amount therefrom from March 10, 2012 to March 26, 2015.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff is the Switzerland, and the Defendant is the representative director of the Co., Ltd. (hereinafter “Nonindicted Company”), and on March 10, 2012, under the condition that the Plaintiff would use the loan to the Defendant for the operation of the Nonparty Company on March 10, 2012, the lending period of one year, and the interest rate of 200,000 U.S. dollars under an agreement with the Defendant at a certified interest rate, may be recognized as either there is no dispute between the parties, or according to the purport of each entry and all pleadings set forth

(2) The court below held that the defendant's confessions that the defendant borrowed the above money from the plaintiff, but the actual debtor of the above loan obligation in the preparatory document dated June 9, 2016 of this case is the non-party company, and the above confessions are revoked. However, there is no evidence to acknowledge that the above confessions are contrary to the truth and due to mistake, and thus the above confessions are not revoked.

According to the above facts, the defendant is obligated to pay to the plaintiff the above loan obligations of US dollars 200,000 and interest or delay damages.

Meanwhile, according to the above facts, the defendant agreed at an authorized interest rate and borrowed the above money from the plaintiff in order to raise the operating capital of the non-party company. If the plaintiff and the defendant neglected the purport of the entire argument in the statement No. 3, it can be recognized that the law applicable to the above loan agreement was stipulated by the law of the Republic of Korea at the time of the above loan agreement. Thus, it is reasonable to hold that the interest on the above loan is 6% per annum, which is the commercial statutory interest rate stipulated

Therefore, barring any special circumstance, the Defendant’s payment of USD 200,000 to the Plaintiff and KRW 6% per annum as prescribed by the Commercial Act from March 10, 2012, the above lending date to March 26, 2015, the delivery date of a copy of the complaint of this case, and September 30, 2015 from the following day to September 30, 2015.

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