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(영문) 수원지방법원안양지원 2015.06.26 2014가합105870
대여금
Text

1. The defendant shall pay 280,000,000 won to the plaintiff and 30% per annum from December 1, 2008 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. According to the facts of recognition Gap's evidence Nos. 1 and 2, the defendant and his representative director Co., Ltd. jointly issued to the plaintiff on Nov. 14, 2008 a promissory note with a face value of KRW 280,000,000, and the due date Nov. 28, 2008. On the same day, a notary public prepared a notarial deed as the law firm No. 2555 with respect to the said promissory note as of November 255, 2008.

In addition, on December 1, 2008, the Defendant issued to the Plaintiff a certificate of loan that the Defendant borrowed the said Promissory Notes with interest rate of KRW 280,000 per 3% per month, and February 28, 2009 on the date of repayment.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 2.8 million won of the above loan and the amount equivalent to 30% of the annual interest rate, which is the maximum interest rate stipulated in Article 2(1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014), from December 1, 2008 to February 28, 2009, the repayment date of which is the repayment date, to the Plaintiff.

2. The defendant's defense did not have any monetary transaction with the plaintiff, and the above loan certificate was prepared to D with the plaintiff's birth who invested in C, and the above loan certificate was paid more than 60 million won to D, but there is no evidence to acknowledge it. Thus, the defendant's defense is without merit.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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