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(영문) 서울중앙지방법원 2016.02.12 2015가단5165204
대여금
Text

1. The Plaintiff:

A. On August 201, 201, 122,479,000 won and 116,000,000 won among the media after the Defendant Co., Ltd.

Reasons

1. Facts of recognition;

A. If the Plaintiff and the Defendant lend money to the Defendant Company, the Defendant Company entered into an agreement on a monetary loan for consumption with the principal and interest of 30% per annum in installments over 15 weeks, as stated in the attached Form “The current status of investments” from November 19, 2010 to August 12, 201, the Plaintiff lent KRW 378,00,000 over 45 times in total, and the agreement is a total of KRW 113,40,000,000.

B. From December 9, 2010 to August 25, 2011, Defendant Company repaid to the Plaintiff the sum of KRW 338,613,00.

C. On October 21, 201, Defendant B promised to pay KRW 105,00,000, out of the loans to the Defendant Company, to the Plaintiff by March 30, 2012.

[Ground of recognition] A without dispute, Gap evidence Nos. 2 through 4, Eul evidence Nos. 3 and 4, and the purport of the whole pleadings as a result of the extension of financial transaction information to the President of the National Bank of Korea

2. Determination on the cause of the claim

A. As to the Defendant Company, the Plaintiff voluntarily recognized that the principal and interest amounting to KRW 338,613,00 of the Defendant Company’s repayment amount to KRW 340,60,600 (attached Form 28) was appropriated for the total principal and interest amounting to KRW 78,600,000 (the principal amounting to KRW 262,00,600) from June 2, 201. 2) thereafter, the Plaintiff’s loan principal amounting to KRW 116,00,000 is KRW 16,80,000, and the interest amount pertaining to the loan amount is KRW 34,80,000.

3) Therefore, the Defendant Company’s claim for interest interest of KRW 122,479,00 among the total sum of the above principal and interest KRW 150,80,000 ( KRW 116,00,000) ( KRW 34,800,000) to the Plaintiff as part of the claim, and the principal amount of KRW 116,00,000 among them (the claim for interest for interest on the portion exceeding the above principal is dismissed.

) On June 4, 2011, the Plaintiff seeks from August 19, 2011 to July 24, 2015, the delivery date of the final complaint against the Defendants, and damages for delay at the rate of 6% per annum (within the scope of the agreed interest rate) from the next day to the day of full payment.

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