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(영문) 서울동부지방법원 2016.09.30 2016가단4267 (1)
대여금
Text

1. As to the Plaintiff KRW 60,000,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff KRW 60,000 from November 18, 2014, KRW 10,000,00.

Reasons

Considering the overall purport of the statements and arguments by Gap 1-1, 1-2, 2, and 3 as to the cause of the claim, the plaintiff is acknowledged to have lent to the defendant the amount of KRW 50 million on November 17, 2014, the interest rate of KRW 50 million per annum (no clear evidence exists that the defendant agreed to pay interest rate of KRW 50 million per annum, but according to the records by Gap 3, the defendant is acknowledged to have agreed to pay interest on the above loan, and the above interest rate shall be governed by the provisions of the Civil Act, a voluntary provision of the Civil Act, barring any special circumstance that the interest rate different is set differently), and the loan shall be made without the due date (2) as of November 25, 2014, with interest rate of KRW 10 million per annum, 5% per annum, and without the due date.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum of KRW 60,00,000 and the sum of KRW 50,000,000 from November 18, 2014 on the following day of the borrowing day, and ② from November 26, 2014, the next day of the borrowing day to November 26, 2014, and from April 30, 2016, the delivery day of the copy of each of the complaint in this case, the amount of KRW 5% per annum as stipulated in the Civil Act, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full repayment.

The judgment of the defendant's assertion is accepted as follows: ① in the case of a loan, the defendant borrowed the loan from the plaintiff, and the defendant does not directly borrow the loan from the plaintiff; however, according to the Gap 1-1's statement, the plaintiff directly remitted the amount of KRW 50 million to the defendant's account, and according to Gap 3's statement, the defendant sent the plaintiff's letter letter to the effect that on September 10, 2015, the plaintiff would pay the amount of KRW 60 million to the plaintiff by dividing the amount of KRW 60 million into three times, and thus, in light of these facts of recognition, it is sufficiently recognized that the plaintiff lent the amount of KRW 60 million including the above KRW 50 million to the defendant.

Thus, the plaintiff's claim.

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