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(영문) 서울남부지방법원 2014.07.22 2013가단71771
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 10,392,401 as well as KRW 9,870,00 among them, from May 7, 2013 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 28 million to the Defendant on April 2004 and lent KRW 74.75 million to March 29, 2013 as the third party interest per month. From April 12, 2011 to May 6, 2013, the Plaintiff was paid KRW 2.8 million as the loan principal, and the Plaintiff was paid KRW 1.3 million as the interest per month until the end of February, 2013, and was not paid monthly interest from March 2013.

Therefore, the defendant asserts that the plaintiff is liable to pay the agreed interest rate of KRW 1.3 million per month from March 1, 2013 to the date of full payment.

B. The Defendant’s assertion that the Defendant did not borrow KRW 28 million from the Plaintiff on April 2004, and that stated the amount of KRW 28 million on the bags (Evidence A No. 2-1) around early December 201, 201 in the meaning of confirming the total amount of loan that the Defendant assumed to the Plaintiff.

Of the total sum of 28 million won as indicated in the above envelope, C borrowed from the Plaintiff via the Defendant, and both C and C paid to the Plaintiff the interest.

In addition to the above 2.3 million won (2.8 million won - five million won), the Defendant additionally borrowed 2.5 million won from February 6, 2012 to March 29, 2013. The Defendant repaid to the Plaintiff a total of 1.58 million won on two occasions on December 17, 2011, and repaid to the Plaintiff a total of 2.7 million won from December 31, 201 to May 6, 2013.

Therefore, the remaining principal of the loan still remains 9870,000 won [48750,000 won (the above 2.3 million won) - 388880,000 won (the above 11.58 million won and above 2.7.3 million won).

2. Determination

A. The facts of recognition (1) The Plaintiff is the Defendant on October 1, 2010, and KRW 5 million on May 19, 201, and the same year.

8. On November 8, 201 of the same year, the Defendant lent KRW 6 million to the Plaintiff on a deposit basis. On December 201, 201, the Defendant issued the registration certificate of KRW 406, D 102 Dong 406 to the Plaintiff on the surface of the envelope, and upon the Plaintiff’s request.

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