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(영문) 서울중앙지방법원 2016.12.07 2016나15333
대여금
Text

1. Of the judgment of the court of first instance, the Defendant’s KRW 3,100,000, and 5% per annum from March 1, 2015 to December 7, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On February 23, 2011, the Defendant settled the remainder of the Plaintiff’s loan obligation of KRW 20,000,000 with the Plaintiff around 197, and drafted and delivered a promissory note comprising the issuer, Defendant, 6,300,000 at face value, and the payee’s Plaintiff (hereinafter “instant promissory note”).

(hereinafter referred to as "the obligation of this case" in this section. (b)

After that, the Defendant paid the Plaintiff the sum of KRW 3,200,000 as follows:

On March 5, 2011, 200,000 on May 2, 2011, 200,000 on June 8, 2011; 200,000 on July 6, 2011; 200,000 on November 24, 2011; 6, 200,00 on November 24, 200, 200 on November 6, 2012; 20,000 on January 8, 2013; 8,00,00 on March 8, 2013; 20,000 on the aggregate of 17, 200,000 on March 17, 2000; 120,000 on March 7, 2014;

C. On February 13, 2015, the Plaintiff notified the Defendant of the full deposit of KRW 10,240,000 in the sum of the principal and interest due to the instant bill by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 5, and 6, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the balance of 3,100,000 won (6,300,000 won - 3,200,000 won) and damages for delay of the settlement amount of this case, barring any special circumstances.

3. The parties' assertion and judgment

A. The Plaintiff, in preparing the Promissory Notes, agreed with the Defendant to pay interest of 20% per month on the instant settlement obligation, and claimed that the Defendant’s repayment of KRW 3,200,000, which was paid by the Defendant, is appropriated for the principal of the portion that was first appropriated for the said interest, and that the principal amount of the instant settlement amount as of August 8, 2014 is KRW 5,831,510, and that the interest amount is KRW 2,121,382.

As to this, the Defendant recognized that the bill of this case is signed and sealed, but the statement of “interest rate of 20%” as stated in the bill of this case is indicated by the Defendant.

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