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(영문) 수원지방법원 2018.12.05 2017가합21353
대여금
Text

1. As to the Plaintiff KRW 36,186,952 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff KRW 336,186,952 from October 1, 2013, and KRW 236,186,952.

Reasons

1. Basic facts

A. On January 31, 2013, the Plaintiff remitted KRW 250,000,00 to the Defendant’s Cbank Account, KRW 100,000,000 on June 14, 2013, KRW 300,000,00 on July 18, 2013, and KRW 10,000,00 on October 1, 2013, respectively.

[2] In the event that each of the above payments is referred to as “the aforementioned payments” and each of the above payments is referred to as “each of the instant payments.”

On February 1, 2013, with respect to the payment made by January 31, 2013, a monetary loan agreement was made between the Plaintiff and the Defendant on February 1, 2013, and the main text thereof.

Details are as follows:

The creditor of a monetary loan agreement and the defendant shall enter into a monetary loan agreement as follows:

On January 31, 2013, the Plaintiff lent KRW 250 million (2.50 million) to the Defendant, and the Defendant borrowed this amount.

Article 2 (Repayment Date) In principle, the operation of the borrowed money shall be 12 months in total, and the plaintiff and the defendant may extend the period after the award and require repayment.

Article 4 (Terms and Conditions) 2.5 million won per month shall be paid to the Plaintiff by the Defendant.

In principle, the transfer of passbook shall be made on the first day of each month.

For accurate matters, the witness Kim Jong-tae (hereinafter referred to as the "fixedness") shall be determined by the confirmation of this contract.

C. On October 1, 2013, with respect to the payment made as of October 1, 2013, a monetary loan agreement was made with the Plaintiff as the obligee and the Defendant on October 1, 2013, and the main text thereof.

Details are as follows:

The term "each of the above monetary loan agreements" in relation to each of the above payments made as of January 31, 2013 and October 1, 2013 is "each of the contracts in this case."

(2) The Plaintiff and the Defendant enter into a monetary loan agreement as follows. Article 1 (Lease Money) of the Plaintiff, on October 1, 2013, lent KRW 100 million (10,000,000) to the Defendant, and the Defendant borrowed this amount. Article 2 (Operation of Repayment Date of Loan)

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