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(영문) 서울중앙지방법원 2014.07.25 2013가합44756
대여금
Text

1. As to KRW 560,00,000 among the Plaintiff and KRW 400,000 among them, the Defendant shall from April 9, 2011 to November 20, 2012.

Reasons

1. According to Gap evidence Nos. 1 through 4 of the judgment as to the cause of the claim, ① The smart optionsex Co., Ltd. determined and lent KRW 600 million annually to the defendant on April 8, 201, and on July 7, 2011, and received KRW 200 million from the defendant on June 3, 2011. ② The plaintiff was transferred the remaining claim from the smart optionsex Co., Ltd., to the defendant on November 21, 2012; ② the plaintiff entered into a loan agreement with the defendant on March 28, 2013; the interest rate of KRW 40 million from Apr. 8, 2011 to Nov. 20, 201; and the annual interest rate of KRW 300 million from Nov. 21, 2011 to Nov. 20, 2012; and ③ the loan agreement with the defendant on KRW 300,000,000 per annum of interest loan with the defendant.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the annual interest rate of KRW 560 million (i.e., KRW 160 million) and KRW 400 million from April 9, 2011 to November 20, 2012, the agreed interest rate of KRW 9%, the agreed interest rate of KRW 8.5% from the next day to March 28, 2013, the agreed interest rate of KRW 20% per annum, the agreed interest rate of KRW 160 million from the next day to the day of full payment, and KRW 8% per annum from July 29, 2011 to March 28, 2013, the agreed interest rate of KRW 20% per annum or delay damages calculated from the next day to the day of full payment.

2. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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