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(영문) 서울중앙지방법원 2017.04.14 2015가합523505
대여금
Text

1. As to KRW 163,717,90 and KRW 161,68,00 among the Plaintiff, Defendant B shall be from September 3, 2014 to April 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff lent the total amount of KRW 600 million to Defendant B, KRW 300 million on April 10, 2003, and KRW 600 million on April 25, 2003 (hereinafter “instant loan”) without setting the due date.

On May 12, 2003, the Defendant paid to the Plaintiff the monthly interest of KRW 300 million from April 10, 2003 as well as KRW 4.5 million from April 25, 2003, the sum of the 15-day interest on KRW 300 million borrowed on April 25, 2003, and paid KRW 6 million from June 10, 2003 and July 10, 2003, respectively.

After that, until September 2, 2014, Defendant B paid to the Plaintiff the respective amount indicated in the corresponding repayment column, either directly or through Defendant C, the wife, etc., on each of the date indicated in the attached Table of Repayment for Performance.

B. From March 2014, the Plaintiff urged the Defendants to pay the interest from time to time to time, and demanded Defendant B to pay the principal and interest on November 18, 2014.

At the time, Defendant B, at the time, did not properly examine the specifications of transactions brought by the Plaintiff and presented by the Plaintiff at the Plaintiff’s request, appears to have been written in writing of KRW 240,000,000 in the name of the Plaintiff at the Plaintiff’s request, stating, “I, by December 30, 2020, borrow from the Plaintiff until December 30, 2020. There is a difference between the interest amount of KRW 20,000 and KRW 400,000 in the form of the loan.” Since there is a difference between the interest amount of KRW 200,000 and KRW 400,00,000 in the form of the loan, after confirmation, I then signed and sealed the loan certificate and then delivered it to the Plaintiff (hereinafter “the loan certificate of this case”).

On December 10, 2014, Defendant B obtained a certificate of content from the Plaintiff demanding the repayment of principal and interest on the instant loan certificate, and on December 12, 2014, Defendant B sent to the Plaintiff a certificate of content to inform the Plaintiff of the intent to obtain and adjust the bank transaction statement.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 8, the result of the plaintiff's personal examination, the purport of the whole pleadings.

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