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(영문) 서울중앙지방법원 2018.06.19 2017가합527792
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 6,950,948 and the interest rate of KRW 20% per annum from October 5, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On December 21, 201, the Defendant: (a) borrowed KRW 23,30,00 from the Plaintiff; (b) borrowed KRW 76,670,00 from the Plaintiff via the Plaintiff; and (c) borrowed KRW 1,00,00 from the Plaintiff; and (d) on December 21, 201, the Defendant stated the loan amount of KRW 1,00,000 as the loan amount of KRW 23,330,000, interest rate of KRW 23,330,000, interest rate of KRW 444,85,430, interest rate of KRW 76,670,00, KRW 200, interest rate of KRW 1,533,40,00 and KRW 1,300 on December 21, 2011 as the loan certificate of KRW 10,0000 on December 21, 2011 (hereinafter referred to as “the instant loan certificate”).

(2) The Defendant signed the instant insurance premium from December 23, 201 to pay KRW 655,380 (hereinafter “instant insurance premium”) monthly with the insurance premium pursuant to the E-insurance Contract (Certificate number: F) concluded between C and D Co., Ltd. from December 23, 2011.

3) On September 6, 2016, C and the Defendant: (a) prepared a loan certificate with the amount of the first rent KRW 85,00,000; (b) the due date for payment as of May 31, 2017; and (c) on the same day, a notary public prepared a certificate of the said loan certificate as of May 31, 2017, including the preparation of law firm G. (d) C transferred the instant first rent claim to the Plaintiff on March 28, 2017; and (b) notified the Defendant of the said transfer by content-certified mail on April 20, 2017.

B. On March 5, 2014, the Defendant, including the preparation of a loan certificate as of March 5, 2014, signed on March 5, 2014, the loan certificate stating that “I, (i) borrowed KRW 30,000,000 per month, KRW 682,66 per month, and the Defendant borrowed KRW 30,00,000 on March 5, 2014; and (ii) signed on the loan certificate stating “I, as of March 5, 2015, I promised to repay the full amount of KRW 30,00,000.”

C. On January 1, 2015, the Defendant was demanded by the Plaintiff to prepare a letter of undertaking, including the existing loan and interest accrued thereon, on January 1, 2015.

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