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(영문) 서울남부지방법원 2016.07.05 2015가단45141
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 73,00,000 and the interest rate of KRW 15% per annum from January 21, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to the Defendant from April 2008 to April 2012 with interest paid over several occasions.

B. On January 19, 2014, the Plaintiff and the Defendant settled the settlement of the money and interest that the Plaintiff lent to the Defendant, and subsequently, confirmed the Plaintiff’s loan to the Defendant as KRW 73 million (hereinafter “instant loan”), and the Defendant decided to pay the said money in installments as follows:

(A) 1. - 10 million won: by July 20, 2014: - 10 million won until January 20, 2015 - by January 20, 2015 - No dispute exists between January 20, 2016 and January 20, 2016 (based on recognition)

2. According to the facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 73 million and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 21, 2016 to the date of full payment, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) around August 2, 2012, the Defendant: (a) filed a lawsuit against the Defendant for payment of KRW 180 million (hereinafter “C’s claim for loan”); and (b) received a favorable judgment; and (c) the judgment became final and conclusive.

3. 73 million won, alleging that the Plaintiff was a loan, overlaps with the loan claim of C in a loan claim lawsuit, the instant claim should be dismissed.

B. We examine the judgment, there is no evidence to prove that the Plaintiff’s instant loan claim overlaps with the loan claim of C, which is the basis of the Plaintiff’s loan claim.

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