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(영문) 서울서부지방법원 2016.04.20 2015가단22192
대여금
Text

1. The Defendant: (a) KRW 20,000,000 to the Plaintiff; and (b) KRW 24% per annum from July 2, 2012 to July 15, 2015 to the Plaintiff.

Reasons

Basic Facts

The Defendant borrowed 40,00,000 won on March 31, 1997 (interest rate of 2%) and 20,000,000 won on May 25, 1997 (interest rate of 2%) from the Plaintiff.

(2) The Defendant paid KRW 6,200,000,000 on the loan of this case as stated in the separate sheet from December 19, 2005 to September 7, 2009, when it was appropriated for the repayment of any obligation among the loan of this case. The Defendant repaid KRW 6,200,000 in total as stated in the separate sheet from December 19, 2005 to September 7, 2009.

On October 8, 2014, the Plaintiff’s husband C, the Defendant, and the Defendant’s husband D, who represented the Plaintiff, agreed to exempt the Defendant from the obligation related to KRW 20,000,000 borrowed on March 31, 1997 (hereinafter “instant debt exemption agreement”). Accordingly, the Defendant repaid KRW 10,000,000 in total to the Plaintiff on October 8, 2014 and October 14, 2014, and C returned to the Defendant a certificate of KRW 20,00,000 on March 31, 1997.

On the other hand, the plaintiff is the defendant's death village, and the defendant borrowed money as stated in the above paragraph (a) from the plaintiff to lend the necessary funds to the husband's business, but the above borrowed money was used for the defendant's multi-stage business.

[Ground of recognition] The non-contentious facts, Eul evidence Nos. 1 through 5, witness C and Eul's testimony, assertion of the purport of the whole pleadings, and the purport of the plaintiff's assertion of the plaintiff's husband who is the plaintiff's husband of the plaintiff's assertion that the plaintiff's loan to the defendant does not exist any longer than 20,000,000 won on March 31, 1997, and the defendant and the defendant agree on the debt exemption of this case. Thus, the agreement on debt exemption of this case is no longer effective. Thus, the defendant is obligated to pay to the plaintiff the remainder of the principal and interest on

The Defendant’s obligation related to KRW 20,00,000,000, which was March 31, 1997, is between the Plaintiff and the Defendant on October 8, 2014.

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