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(영문) 서울중앙지방법원 2015.07.10 2015가합9726
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 163,30,000 as well as KRW 100,000 among them, from January 22, 2015 to the day of full payment.

Reasons

1. According to the statement of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, on February 22, 2012, the plaintiff and the defendant set 200,000,000 won (hereinafter "the loan of this case") as maturity of 30% per annum on April 30, 2012, and 20% per annum (hereinafter "the loan of this case"). The plaintiff was paid KRW 100,000,000 from May 21, 2012 x 30% per annum of 200,000,000 won per annum of 300,000 won per annum of 200,000 won per annum of loan of 300,000 won per annum of 200,000 won per annum of loan of 300,000 won per annum of loan of 200,000 won per annum of loan of this case).

2. The Defendant’s argument regarding the Defendant: (a) lent business funds to C Co., Ltd. (hereinafter “C”); (b) set up the instant loan certificate in the form of a collateral security on real estate owned by the Defendant; (c) the instant loan is substantially attributable to the legal relationship between the Plaintiff, C, and D; and (d) the Defendant’s obligation was extinguished if the Plaintiff repaid KRW 100,000,000 to the Plaintiff.

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