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(영문) 서울중앙지방법원 2017.08.10 2016가합570973
약정금
Text

1. The Defendant’s KRW 26,927,644 and KRW 25,927,644 among the Plaintiff and KRW 1,00,00 from April 17, 2015.

Reasons

Basic Facts

From January 15, 2014 to January 29, 2014, the Plaintiff lent a total of KRW 300 million to the Defendant.

(hereinafter “First Loan”). On March 7, 2014, the Plaintiff lent KRW 100 million to the Defendant.

(hereinafter “Secondary Loan”). On March 10, 2014, the Plaintiff prepared a loan certificate stating the repayment of KRW 100 million by April 10, 2014 with C and the Plaintiff received KRW 97,50,000,000,000 from C, deducting the prior interest from KRW 2.5 million on the same day.

On March 10, 2014 and March 17, 2014, the Plaintiff lent a total of KRW 60 million to the Defendant.

(hereinafter “third lending.” The Defendant paid C each of the following amounts: (a) the Plaintiff’s repayment of the loan to C on April 18, 2014; (b) KRW 20 million; and (c) KRW 30 million on June 18, 2015.

After that, the Plaintiff paid C the amount of KRW 40 million on July 15, 2014, and KRW 10 million on July 23, 2014, and repaid C all borrowed money.

The Defendant paid to the Plaintiff KRW 52 million on March 13, 2014, KRW 200,000 on the third repayment of loans, KRW 200,000 on March 25, 2014, and KRW 5 million on March 27, 2014 on the first repayment of loans, respectively. The first repayment of loans was paid KRW 30,000,000 on January 23, 2015, KRW 500,00 on March 5, 2015, KRW 115,00,00 on March 19, 205, KRW 130,000 on April 9, 2015, and KRW 16,000 on April 16, 2015.

[Ground of recognition] The plaintiff's assertion about the plaintiff's claim related to Gap's 1, 3, Eul's 1 through 11 (including Serial numbers), and the claim related to the first loan of the whole purport of the pleadings as a whole is to seek a payment of KRW 390 million around the first loan, since the defendant agreed to pay KRW 300 million to the plaintiff at the time of the first loan to pay KRW 100 million in addition to profits equivalent to KRW 100 million, although he/she borrowed KRW 300 million at the time of the first loan, he/she paid only KRW 291 million.3 billion around the first loan.

Even if the above profit agreement is not acknowledged, the defendant agreed to pay at least 20% interest calculated by the rate of 20% per annum on the first loan to the plaintiff, and thus, it shall be appropriated for the repayment of interest in advance.

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