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(영문) 서울중앙지방법원 2018.10.24 2018가단5149364
대여금
Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 12% per annum from January 29, 2016 to July 19, 2018; and (b)

Reasons

The Defendant asserts that the Plaintiff did not borrow KRW 200 million from the Plaintiff and only received investment. However, according to the overall purport of the Evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff loaned KRW 200 million to the Defendant on January 16, 2013, and the Defendant, on January 29, 2016, prepared a written statement of payment stating that “The Defendant shall pay the Plaintiff the KRW 200 million borrowed from the Plaintiff by December 31, 2017, and shall pay interest on the other principal at a rate of 1% per month.” The Defendant may recognize the fact that the Plaintiff did not repay the above loan until now. The Defendant is obliged to pay the Plaintiff a loan of KRW 200 million and its payment with the interest payment angle from January 29, 2016 to July 19, 2018 to the date of delivery of a copy of the complaint of this case by 15% interest rate per annum from the day after the agreement on special cases concerning delay damages is calculated.

(Plaintiff’s claim for the agreed interest from February 1, 2013, but there is insufficient evidence to acknowledge it). The Plaintiff’s claim partially accepted.

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