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(영문) 서울고등법원 2018.07.20 2017나2037414
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 2010, the Defendant agreed to borrow KRW 500 million from the Plaintiff (hereinafter “instant agreement”).

B. On October 15, 2010, the Defendant prepared and delivered to the Plaintiff a loan certificate stating that “One hundred billion won (200,000,000 won) and two hundred million won (hereinafter “the loan certificate of this case”) will be offered as collateral for the establishment of a collateral in the Gyeonggi-do.” The Defendant received payment of KRW 200 million (hereinafter “the loan certificate of this case”) from the Plaintiff on the same day. The Defendant received the payment of KRW 160 million (hereinafter “the loan of this case”) from the Plaintiff on each of the real estate listed in the separate sheet owned by it (hereinafter “the land of this case”). The Defendant received KRW 301,00,000,000 (the maximum debt amount of KRW 1414,50,000,000,000,000,0000,000 won and KRW 201,51,016,010,000,0000,000,00 won, respectively.

2. The parties' assertion

A. The Plaintiff asserted that the sum of KRW 200 million paid as of October 15, 2010 and KRW 300 million paid as of December 1, 2010 is the amount loaned by the Plaintiff to the Defendant in accordance with the instant agreement. The Plaintiff agreed with the Defendant to receive interest of KRW 200,000 per month from January 1, 201.

Nevertheless, the Defendant paid only KRW 148,88 million out of the borrowed principal to the Plaintiff, and did not pay interest from December 1, 2014.

Thus, the defendant shall pay the remaining principal to the plaintiff KRW 350 million = KRW 500,000 = KRW 500 million.

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