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(영문) 수원지방법원안양지원 2015.11.13 2014가합102512 (1)
약정금
Text

1. Defendant B’s KRW 160,000,000 as well as the Plaintiff’s annual rate from April 1, 2014 to March 5, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 120,000,000 to Defendant B, and KRW 120,000,000,000 on April 13, 2012 ( KRW 20,000,000). Defendant B was transferred KRW 100,000,000 out of the above amount to Defendant C’s deposit account (E).

B. When the Plaintiff urged the repayment of the loan, Defendant B agreed to borrow the principal of KRW 160,000,000, including the interest during that period, and repaid KRW 160,000 to the Plaintiff by March 30, 2014.

“The Plaintiff prepared a loan certificate and delivered it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. According to the above facts finding as to Defendant B’s claim, Defendant B agreed to repay 160,000,000 won to the Plaintiff until March 30, 2014, barring special circumstances, Defendant B is obligated to pay the Plaintiff the above loan amount of KRW 160,000,000 and its interest rate of KRW 160,000 from April 1, 2014 to March 5, 2015, which is the date of delivery of the copy of the complaint of this case, until March 5, 2015, KRW 5% as prescribed by the Civil Act, from the following day to September 30, 2015 (amended by Presidential Decree No. 26553 of Sept. 25, 2015). Thus, Defendant B is obligated to pay the Plaintiff the total amount of KRW 150,000,000,000,000,000 per annum 25,015,000,00.

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