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(영문) 서울동부지방법원 2019.05.28 2018가단17861
대여금
Text

1. As to the Plaintiff’s KRW 94,00,000 and KRW 20,000 among them, the Defendant shall start from February 23, 2017 to February 23, 2018.

Reasons

1. Determination as to the cause of claim

(a) The facts subsequent to the facts of recognition do not conflict between the Parties, or may be admitted by adding to the whole purport of the pleadings, each entry in Gap evidence 1 to 8 (including paper numbers):

(1) The Plaintiff is a company that aims at technical service business related to construction (construction and civil engineering) and the Defendant is a company that mainly engages in architectural design business.

(2) The Plaintiff entered into a monetary loan transaction following the resolution of the board of directors.

(A) On February 23, 2017, the Plaintiff entered into a monetary loan agreement with the Defendant on February 23, 2018, setting the repayment rate of KRW 50,000,000 as KRW 6.9% per annum (payment at the end of each month) and interest rate of KRW 20% per annum, and deposited KRW 50,00,000 in the Defendant’s deposit account on the same day.

(B) On March 10, 2017, the Plaintiff entered into a monetary loan agreement with the Defendant at the rate of KRW 30,000,000,000 on March 10, 2017, setting the amount of KRW 4,00,000 on March 10, 201, with interest rate of KRW 6.9% (payment on the last day of each month) and interest rate of KRW 20%, and deposited KRW 4,00,000 in the Defendant’s deposit account on the same day.

(C) On May 10, 2017, the Plaintiff entered into a monetary loan agreement with the Defendant on May 10, 2018, setting the repayment rate of KRW 3,000,000 as 20% per annum, interest rate of KRW 4.6% per annum (payment last day of each month), and interest interest of KRW 3,00,000 in the Defendant’s deposit account on the same day.

(D) On May 15, 2017, the Plaintiff entered into a monetary loan agreement with the Defendant setting the amount of KRW 2,000,000 as May 15, 2018, interest rate of KRW 4.6% per annum (payment at the end of each month) and interest rate of KRW 20% per annum, and deposited KRW 2,00,000 in the Defendant’s deposit account on the same day.

(E) On May 24, 2017, the Plaintiff entered into a monetary loan agreement with the Defendant on May 24, 2018, setting a redemption period of KRW 45,000,00 as the interest rate of KRW 45,00,00 on May 24, 2018, annual interest rate of KRW 4.6% (payment as the last day of each month), and interest rate of KRW 20,000 on the same day.

(f) On July 27, 2017, the Plaintiff paid KRW 20,000,000 with the Defendant on July 27, 2017, and interest rate of KRW 4.0 on July 27, 2018.

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