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(영문) 서울중앙지방법원 2019.02.15 2018가단5024090
대여금
Text

1. Defendant B’s KRW 50,000,000 as well as the Plaintiff’s annual rate from March 2, 2009 to November 21, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff transferred to Defendant B a total of KRW 145 million on December 12, 2008, KRW 25 million on December 17, 2008, KRW 170 million on the same month, and KRW 145 million on December 26, 200, KRW 50 million on the part of Defendant C (hereinafter “Defendant Bank”): Defendant B, who had the Vice Minister of the PF Finance Management Department of the Defendant C (hereinafter “Defendant Bank”), deposited KRW 58,574,462 in the Plaintiff’s ordinary bank account (Account Number D) and deposited KRW 50 million on March 2, 2009.

B. The defendant B prepared a loan certificate

A. (1) On September 1, 2010, the non-performance of the loan as described in paragraph (1) of this Article is a document of borrowing money (No. 2 of this case; hereinafter referred to as the “certificate of borrowing”).

(B) The Plaintiff and the Plaintiff have drawn up and delivered the loan amount of KRW 185 million: The date of borrowing: March 3, 2009: the due date: January 31, 2012: the due date: the amount of KRW 185 million out of the loan amount of KRW 185 million shall be paid in lump sum until September 2, 2010.

2) The remaining KRW 135 million shall be transferred from January 201 to the following bank accounts as designated by the obligee on the last day of each month (the account is not designated) from the end of 10 million to the end of each month (the account is not designated). 3) If any of the above conditions is delayed at any time, the obligor’s obligation shall lose the obligor’s benefit of time, the obligee may immediately enforce compulsory execution, and the obligor shall assume civil and criminal responsibility.

Provided, That if the debtor pays 100 million won out of total loans of 185 million won until May 31, 2011, the creditor shall be exempted from the remaining loans of 85 million won to the debtor.

C. Defendant B paid the money to the Plaintiff on September 1, 2010 and the same month.

2. A total of KRW 50 million has been repaid, and thereafter, on February 1, 201, KRW 10 million, and on March 24, 2011 and the same year.

4.2. A total of KRW 8 million, KRW 10 million on April 30, 201, and KRW 88,000,000 on May 24, 201.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 to 6, Eul.

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