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(영문) 서울동부지방법원 2017.10.18 2017가단16304
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from June 13, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On November 28, 2012, the Plaintiff: (a) lent KRW 120,000,000 per annum to the Defendant with interest rate of KRW 3,60,000 per annum; (b) the Defendant and C entered into a lease agreement with the Defendant on the deposit of KRW 240,00,000 for the lease deposit of KRW 10,000 and KRW 903 between the Defendant and C; and (c) the term of the contract from October 26, 2012 to October 25, 2014 for the lease deposit of KRW 240,000 for the lease deposit of KRW 10,000; and (d) the Plaintiff entered into a lease agreement with the Defendant and the Defendant on the same day.

B. On November 28, 2012, the Defendant issued, as security for the instant loan obligations, promissory notes with the face value of 180,000,000 won on the Plaintiff, the date of issuance on November 28, 2012, and the date of payment on November 27, 2013, respectively, the Seoul Special Metropolitan City, the place of payment, and the place of payment, respectively, and the place of payment, respectively, and the Plaintiff as the Plaintiff. On November 28, 2012, the Defendant drafted and issued a authentic deed of promissory notes with the New Village No. 1214 on November 28, 2012.

C. On May 20, 2013, the Defendant drafted and issued to the Plaintiff a written statement of performance that KRW 120,000,000 of the principal of the instant loan shall be repaid in equal installments of KRW 4,00,000 each month after May 27, 2013 through 24 months from May 27, 2013.

[Ground for Recognition: Facts without dispute, entry of Gap 1 through 4, purport of the whole pleadings]

2. Determination:

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 120,000,000 of the instant loan and the damages for delay calculated by the rate of 15% per annum from June 13, 2017 to the date of full payment, which is the day following the delivery of the instant complaint.

B. As to the Defendant’s assertion, the Defendant.

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