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(영문) 서울중앙지방법원 2019.01.24 2018가단5009954
대여금
Text

1. As to KRW 1,004,655,695 and KRW 947,409,163 among the Plaintiff, the Defendant shall start from November 15, 2017 to December 19, 2017.

Reasons

1. Basic facts

A. On October 31, 2014, the Plaintiff entered into a credit transaction agreement with the Defendant and loaned KRW 95 million to the Defendant as follows.

(hereinafter referred to as the “instant loan” and the said loan is approved and approved to apply the basic terms and conditions of loan transaction: The amount of loan and loan (limit) for corporate driving general fund: 95 million won: The expiration date of the loan period: October 31, 2017: Changes in the interest rate: 1.9% of the financial bonds with the base interest rate of six months: 7% per annum if the overdue interest rate does not exceed one month, 8% per annum if the overdue interest rate does not exceed one month, and 9% per annum if the overdue interest rate exceeds three months.

Provided, That the maximum compensation rate for delay shall be 17% per annum.

B. The Defendant did not pay the instant loan, and the amount of the principal and interest of the loan as of November 14, 2017 plus the principal amount of KRW 947,409,163 as of November 14, 2017, KRW 32,886,956 as of KRW 24,359,576 as of KRW 1,004,65,695 as of KRW 11.69% as of November 31, 2017.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1, 2, Gap evidence 3-1, 2-2 and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant is obligated to repay the principal and interest of the instant loan to the Plaintiff, except in extenuating circumstances.

B. As to the Defendant’s assertion, the Defendant asserted that, after the Plaintiff’s execution of the instant loan, the Plaintiff voluntarily paid the instant loan to a third party without any contact with the Defendant, the Plaintiff did not have any obligation to repay the instant loan to the Plaintiff.

In light of the following facts, the following facts can be acknowledged in full view of Gap evidence 3-1, Eul evidence 3-2, Eul evidence 2-2-3, 4, 5, Eul evidence 3-1, 5-2, Eul evidence 3-1, 5-1, 5-2, Eul evidence 5-1, and Eul evidence E's testimony. In light of this, the evidence submitted by the defendant alone is alone presented by the plaintiff.

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