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(영문) 서울중앙지방법원 2014.12.05 2014나37742
대여금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. On August 20, 2012, the Defendant prepared and rendered the following loan certificates (hereinafter “the instant loan certificates”) to the Plaintiff.

'Japan 7 million won

H. The above amount shall be borrowed in cash from the Plaintiff’s operating capital, provided that it shall be repaid by the end of October 2012.

(1) "No interest exists" / [Grounds for recognition] entry of Gap evidence 1, the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff is obligated to pay KRW 7 million and delay damages to the Plaintiff, as indicated in the instant loan certificate, since the Plaintiff leased KRW 7 million in cash to the Defendant on August 20, 2012 by the end of October 2012 on the date of maturity.

On the other hand, the defendant borrowed 10% interest interest per month from the plaintiff and repaid it to the plaintiff on November 1, 201, and there remain 2,00,000 won interest and 4,50,000 won in the final settlement of 7,000 won from the plaintiff around November 1, 201. Accordingly, upon the plaintiff's request to pay 7,00,000 won without interest until October 31, 2012, the letter of loan of this case was prepared and issued as of August 20, 2012. The defendant did not actually received 7,00,000 won in cash from the plaintiff on the same day. In addition, the defendant did not claim that the plaintiff already paid 10,000 won as the 10% interest per month of the month that the plaintiff requested excessive amount to the plaintiff in excess of the principal and legal limits on the existing loan, and thus, it cannot accept the plaintiff's claim.

B. (1) As seen earlier, the fact that the loan certificate was made between the Plaintiff and the Defendant as principal amounting to KRW 7 million is as follows: Provided, however, the following circumstances acknowledged by comprehensively taking account of the entire purport of the pleadings in the evidence Nos. 1 and 3, namely, ① the Plaintiff’s loan to the Defendant on August 9, 2010 (the amount obtained by deducting the interest of KRW 9 million from the first million to March 201) at an annual interest rate of KRW 120,000,000 from around that time, and the limited interest rate is paid by receiving KRW 2 million from the Defendant from around that time to March 2013.

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