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서울중앙지방법원 2019.03.06 2018가단5129513

1. As to KRW 58,440,00 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from July 16, 2015 to March 6, 2019.


Facts of recognition

On July 2010, the Plaintiff and the Defendant agreed to jointly operate early childhood education projects by establishing a child-care center in Young-gu, Young-gu, Young-si E with a child-care center around July 2010, and the Plaintiff agreed to invest KRW 50,000,000, and KRW 20,000,000, respectively.

(hereinafter “instant joint business agreement”) around February 201, 201, the Plaintiff’s husband, who became aware of this fact, raised an objection, and the Plaintiff and the Defendant agreed to reverse the instant joint business agreement and convert the Plaintiff into simply lending KRW 50,000 to the Defendant.

Accordingly, on February 15, 201, the Defendant newly prepared a loan certificate (Evidence 1) and stated that the Defendant borrowed KRW 50,000,000 from the Plaintiff on July 15, 2010 to the five-year agreement with a maturity maturity, and the maturity shall be July 15, 2015, and the interest shall be KRW 20,000,000 (= KRW 50,000,000 at the maturity date based on the annual interest rate of KRW 50,000,000 at the rate of KRW 80,000,000 on a lump sum, or KRW 70,00,000 on a monthly basis, or KRW 30,000 on a yearly basis; KRW 250,00 on a monthly basis; and KRW 30,000 on a yearly basis, which is 30,000,000 on a yearly basis; and this is not consistent with the annual interest rate of KRW 30,50,500.

(hereinafter “instant loan agreement”). The Defendant did not pay interest each month and adopted the method of paying interest after 8% per annum, but did not pay the principal and interest KRW 70,000,000 at the maturity of July 15, 2015.

[Reasons for Recognition] There is no dispute. According to the above fact-finding as to Gap evidence Nos. 1 through 4, Eul evidence No. 3, and the ground for claim as a whole, the defendant's principal and interest under the loan agreement of this case is 70.