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(영문) 서울중앙지방법원 2016.11.01 2016가단50205
대여금
Text

1. The Defendant’s KRW 140,000,000 as well as 5% per annum from November 1, 2015 to March 30, 2016 to the Plaintiff.

Reasons

1. In full view of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the fact that the plaintiff lent KRW 90,000,000 to the defendant who became aware of by the introduction of Nonparty C through C, and KRW 50,000,000,000 each of the loans (hereinafter "each of the loans of this case") around June 3, 2015, and ② After September 18, 2015, the defendant promises to pay KRW 140,000,000 to the plaintiff by October 30, 2015.

Provided, however, it is recognized that: (a) prepared a written statement of payment stating that it shall be held liable for civil and criminal liability if the payment is not made by the above date; (b) the Plaintiff demanded the Defendant to repay each of the instant loans by mobile phone text messages on November 20, 2015; and (c) the Defendant sent a reply stating that “I will not comply with multiple commitments; (c) I will not only refund this funds but also return it to all sites; and (d) on March 13, 2016, the Plaintiff sent a reply stating that “I will pay all obligations to the Plaintiff by the next week.”

According to the above facts, the defendant is obligated to pay to the plaintiff 140,000,000 won in total of each of the loans of this case, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from November 1, 2015 to March 30, 2016 when the original copy of the payment order of this case was served on the defendant, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The Defendant’s assertion and its determination on the Defendant’s assertion were the first KRW 114,00,000,000 from C, not the Plaintiff, and the Defendant changed the assertion from the preparatory document dated August 17, 2016.

B only borrowed the principal and interest of C from July 2015 to May 2, 2016, and paid KRW 214,650,000, much more than the principal and interest of C from July 2015, and the payment angle as of September 18, 2015 is as C.

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