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(영문) 서울동부지방법원 2015.08.18 2015가합2179
대여금
Text

1. The Defendant’s KRW 440,000,000 and its amount are 24% per annum from August 1, 2005 to July 4, 2015 to the Plaintiff.

Reasons

In full view of the purport of Gap evidence Nos. 1 through 4 (including additional numbers) and the entire arguments, the plaintiff decided to lend KRW 400 million to the defendant on April 14, 2004 by setting interest rate of 2%. The above KRW 400 million is deposited in the securities account (Account Number C) opened in the plaintiff's name, and the defendant has the authority to operate the above securities account. If, as a result of the securities transaction, the profits in excess of the above lending principal and interest are accrued to the defendant, and even if the balance of the securities account falls short of the above lending principal and interest, the agreement was concluded to guarantee the payment of the amount equivalent to the above lending principal and interest to the plaintiff even if it falls short of the above lending principal and interest, the plaintiff entered into an agreement with the defendant on April 30, 200, and the same year.

5.3.1 million won, and the same year;

6. 9.10 million won and 150 million won on April 14, 2004, together with loans of KRW 400 million on April 14, 2004, the Plaintiff loaned to the Defendant a total of KRW 75.5 million on May 19, 2004, and KRW 75 million on June 24, 2004 after receiving the repayment of the loan principal from the Defendant as the loan principal, with a total of KRW 6.5 million on June 24, 2004, KRW 6.5 billion and KRW 2 million on the loan principal, and KRW 4.5 million on the loan principal amount of KRW 6.4 million on June 24, 200, KRW 300,000 on the loan principal amount of KRW 6.5 million on the loan account from the Defendant, and the Plaintiff concluded an agreement with the Plaintiff on the additional amount of KRW 16.5 million on the loan principal amount of KRW 2 million on the said securities account.

According to the above facts, on April 14, 2004, the Plaintiff agreed to lend the share transaction fund to the Defendant and receive interest of 2% per month. The amount of the increased or decreased principal of the loan thereafter shall be KRW 650 million as of June 24, 2004.

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