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Reasons
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(영문) 서울중앙지방법원 2017.03.23 2016가단92148
대여금
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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from June 23, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On December 31, 201, the Plaintiff respectively lent to the Defendant a loan of KRW 5 million (hereinafter referred to as “instant one loan”), KRW 5 million on December 3, 2012 (hereinafter referred to as “instant two loan”), and KRW 10 million on November 10, 2014 (hereinafter referred to as “instant three loan”).

B. On August 30, 2013, the Plaintiff transferred KRW 5 million to the Defendant’s account (hereinafter “instant four lending”), KRW 5 million on November 20, 2013 (hereinafter “instant five lending”); and KRW 3 million on June 19, 2014 (hereinafter “instant six lending”).

C. On November 17, 2014, “C borrowed KRW 10 million from the Plaintiff and is unable to repay by the end of December 2015, 2015, it shall pay KRW 12 million in 100,000 in 100 per day to the Plaintiff on the loan certificate that C prepares to the Plaintiff on November 18, 2014.”

B. The commitment was signed by stating that the amount of the commitment would be responsible if the commitment was detained.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, 10 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion (1) The plaintiff alleged the above basic facts to the defendant 1. A.

1.(b)

(C) As seen in the above, six times have been lent, and the above basic facts (1.c.).

(2) As seen in the above, the Defendant received a guarantee for C’s loan obligation: Provided, That on June 19, 2014, the Defendant was obligated to pay to the Plaintiff KRW 30,000,000 as the loan amount of KRW 5 million (i.e., KRW 5 million as the loan amount of KRW 5,000,000,000 as the loan amount of KRW 4,50,000 as the loan amount of KRW 5,00,000,000 as the loan amount of KRW 5,00,00,000,000 as the loan amount of KRW 5,00,00,000 as the loan amount of KRW 5,50,00,00 as the loan amount of KRW 5,00,00,00,000 as the loan amount of KRW 1,2,30,000.

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