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(영문) 서울중앙지방법원 2017.01.25 2016가단39888
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 25% per annum from October 20, 2012 to the day of full payment.

Reasons

1. The Plaintiff, on October 20, 2012, set the repayment period of KRW 20 million to the Defendant on December 30, 2013, and lent KRW 20 million to the Defendant at the interest rate of KRW 2.5% per month on December 30, 2013, may be recognized in full view of the parties’ written evidence and the overall purport of the pleadings. As such, the Defendant is liable to pay to the Plaintiff interest or delay damages calculated at the rate of KRW 25% per annum as provided by the Interest Limitation Act, as the Plaintiff seeks from October 20 to the date of full payment.

2. As to the defendant's defense, the defendant lent KRW 158,630,00 to the plaintiff. Among them, the defendant lent KRW 30 million to the plaintiff on August 11, 2012 and received a promissory note with a face value of KRW 30 million from the plaintiff (hereinafter "the Promissory note in this case"). Thus, it is insufficient to find that the entries of No. 2 in No. 158,630,00 won are insufficient to support that the defendant lent KRW 158,630,00 to the plaintiff on the sole basis of the statement of No. 9 and No. 12. In addition, there is no other evidence to support that the promissory note in this case (No. 1) in this case was signed and sealed on the issuer column for the purpose of delivering to the plaintiff to the plaintiff, and the defendant's defense cannot be used as evidence since it was written in the column of the above promissory note in the face value of KRW 30 million on August 21, 2012.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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