logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.12.12 2013가합16016
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 305,809,677 as well as 30% per annum from November 2, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, on December 31, 2012, deposited KRW 300,000,000 with interest rate of KRW 120,000,000 on June 5, 2013, and KRW 300,000,000 on June 14, 2013, and lent (hereinafter “instant loan”) to the Defendant (hereinafter “instant loan”).

B. However, if the Defendant did not pay the interest of the instant loan properly, the Plaintiff sought the return of the principal and interest of the loan to the Defendant. On July 31, 2013, the Defendant, upon the Plaintiff’s request, paid KRW 50,000,000 additionally in return for the nonperformance of the obligation to repay the principal and interest, and drafted a certificate of borrowing KRW 2% (24% per annum) per month for the said KRW 50,000,000 (24% per annum).

(hereinafter “instant additional payment agreement”). C.

On August 21, 2013, the Defendant promised to pay the Plaintiff the amount of KRW 300,000,000 and the additional payment agreement amount of KRW 50,000,000, a monthly interest rate of KRW 350,000,000 to the Plaintiff up to August 28, 2013. In short, the Defendant made up a loan certificate (Evidence A 3) with the content that the Plaintiff promises to assume disadvantages, such as raising the interest rate of KRW 2.5% per month (30% per annum).

Meanwhile, the Defendant repaid to the Plaintiff KRW 20,00,000 on August 9, 2013, and KRW 3,500,000 on August 10, 2013, and KRW 20,00,00 on November 1, 2013.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 3 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to pay to the Plaintiff KRW 350,000 and KRW 50,000,000,000,000 for the instant loan and the instant additional payment agreement. As such, the Defendant is obligated to pay the Plaintiff damages for delay at an annual rate of KRW 353,071,232, which remains after appropriating the Defendant’s repayment, and the remainder of KRW 350,000 and the principal of KRW 350,000,00,000, which is the date following the last repayment, from November 2, 2013 to the date of full payment.

B. The defendant's assertion is from the plaintiff.

arrow