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(영문) 서울동부지방법원 2019.01.25 2018가단105577
대여금
Text

1. The defendant is at the rate of 24% per annum from June 13, 2010 to the day of full payment to the plaintiff.

Reasons

1. Facts of recognition;

A. On January 24, 2007, the Defendant issued and delivered a notarial deed of promissory notes (Law Firm C, 42, 2007) with the payment date as of May 20, 2007 to the Plaintiff on May 20, 2007.

(hereinafter referred to as “instant authentic deed”). B.

From August 2007 to December 13, 2008, the Defendant repaid the Plaintiff money as follows.

The repayment date 1. 300,000 won on August 18, 2007 20. 300,000 won on August 27, 2007 3. 10,000,000 won on October 11, 2007 4,50,000 won on December 11, 2007 5. 11, 2008 6. 30,000 won on January 16, 2008 6. 8,30,000,000 won on August 16, 2008; 1, 2008; 1. 1,90,000 won on August 28, 2008; 1, 2008; 1,000 won on May 1, 2000, 2005;

C. The defendant, on February 22, 2009, will keep the plaintiff's "50 million won in custody" and repay it to the plaintiff until May 10, 2009.

Preparation and issuance of a cash custody certificate. D. On November 12, 2009, the Defendant drafted and issued to the Plaintiff a cash custody certificate stating that “10 million won is regularly kept, interest shall be two copies per month, and the due date shall be June 12, 2010.”

【Ground for Recognition: Unsatisfy Facts; Gap evidence 1 through 4; Gap evidence 1 and 2; the purport of the whole pleadings】

2. The party's assertion and judgment as to it

A. (1) The plaintiff, on January 1, 2007, lent KRW 100 million to the defendant, and received KRW 48.6 million until December 13, 2008 thereafter. Upon the defendant's request for additional loans, the plaintiff received a cash deposit certificate of KRW 50 million from the defendant on February 2, 2009, and lent KRW 50 million to the defendant on a deposit basis, but the defendant did not fully repay this amount, and thus, the plaintiff did not pay the remaining principal amount of KRW 100 million on November 2009.

6. On December 12, 200, the Defendant received a cash custody certificate with two copies of interest monthly. The Defendant shall pay to the Plaintiff KRW 100 million and the following day of the due date for payment from June 13, 201 to the day of full payment.

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