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(영문) 서울서부지방법원 2017.10.12 2017가합33797
대여금
Text

1. The Defendant shall pay 350,000,000 won to the Plaintiff and 27.9% per annum from April 18, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the respective statements and arguments set forth in Gap's Nos. 1 through 3, 6 through 8, 10, 13, 18, and Eul's No. 10 (including each serial number; hereinafter the same shall apply), and the purport of the whole pleadings, the fact that the plaintiff, a credit service provider, on March 24, 2016, agreed to lend KRW 150,000 to the defendant on March 24, 2017 with interest rate of KRW 24% per annum, interest rate of KRW 27.9% per annum (hereinafter "the first agreement of this case"); the defendant paid KRW 150,00,000 from the plaintiff on March 24, 2016; KRW 10,000 per annum; KRW 200,000 per annum; the plaintiff, a credit service provider, was paid KRW 00,000,000 per annum to the defendant on January 24, 2017; and the defendant agreed 20000.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the interest rate of delay as stipulated in the first agreement between April 18, 2017 and the date of full payment, and interest or delay damages at the rate of 27.9% per annum as stipulated in the second agreement, from April 18, 2017 to the date of full payment.

2. Judgment on the defendant's assertion

A. The defendant asserts that both the contract of the first agreement of this case (No. 2-1 and the loan transaction contract of this case) and the contract of the second agreement of this case (No. 2-2 and the loan transaction contract of this case) were blank documents, and himself was signed and sealed each of the above contracts, and that the plaintiff cannot seek the return of the loan against the defendant, since the plaintiff voluntarily prepared the space of each of the above contracts.

The name of the defendant in each of the above contracts shall bear the following signatures and seals:

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