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(영문) 대전지방법원 천안지원 2018.04.11 2016가단112439
대여금
Text

1. The defendant,

A. 10,000,000 won and 20% per annum from January 30, 2015 to the day of complete payment to Plaintiff A.

Reasons

1. Facts of recognition;

A. On October 30, 2014, Plaintiff A loaned KRW 10 million to the Defendant, respectively, at the maturity of payment on January 30, 2015 and at the rate of 24% per annum.

B. On October 17, 2014, Plaintiff B loaned KRW 20 million to the Defendant on October 17, 2015, setting the due date of reimbursement at 12% per annum, and (2) October 17, 2014, the due date of reimbursement at 17.25 million won per annum and the agreed interest rate at 16.7% per annum.

C. On October 16, 2014, Plaintiff C determined and lent KRW 10 million to the Defendant at the maturity of March 16, 2015 and at the rate of 16.8% per annum on agreed interest rate.

[Ground of recognition] A. 1-8 evidence, the purport of the entire pleadings, Gap's evidence Nos. 1, 3, and 5, are presumed to have been established because there is no dispute that the defendant's seal affixed to the above documents was reproduced by the defendant's seal. Thus, the authenticity of the whole document is presumed to have been established in accordance with Article 358 of the Civil Procedure Act.

Although the defendant asserts that the seal of the defendant was stolen by E, F, and G, there is no evidence to acknowledge it.

Rather, the Defendant’s actual operator filed a complaint with the effect that “E arbitrarily performed and embezzled I’s funds 377,453,970 won to investors, and forged and used a monetary loan agreement under the Defendant’s name.” However, the Defendant’s actual operator was sentenced to the suspended sentence of imprisonment on February 2, 2018.

2. Determination

A. According to the facts found in the judgment as to the cause of claim, the Defendant calculated the annual rate of 16.8% per annum, which is the rate of 20% per annum from January 30, 2015 to the date of full payment, as the agreement is within the scope of the agreement on the loan 10 million won and the interest rate of 15 million won per annum from January 30, 2015 to the date of full payment, as the Plaintiff seeks, with respect to the loan 10 million won, and the annual rate of 12% per annum from October 18, 2015 to the date of full payment, with respect to the loan 25 million won, from March 18, 2015 to the date of full payment.

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