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(영문) 서울중앙지방법원 2018.10.12 2018가단5089554
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from April 13, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 2013, the Plaintiff lent KRW 60 million to the Defendant.

B. Around January 2012, the Plaintiff joined a fraternity operated by C with the Defendant’s introduction, and paid in 12 million won each month, and received KRW 360 million at maturity. The Plaintiff paid KRW 12 million each month through the Defendant.

In March 2013, the defendant requested the plaintiff to lend the above fraternity to the plaintiff, and agreed that the interest and expenses incurred in receiving the fraternity shall be borne directly by the principal and the plaintiff shall be paid KRW 360 million, which is the original fraternity.

On April 2, 2013, the Plaintiff accepted the Defendant’s request and agreed to receive the guidance from the 11st sequence, on the condition that the Plaintiff and the Defendant would return the interest of KRW 3,00,000 per month. Accordingly, C, upon deducting the interest accrued up to 11 times (3,00,000 x 11 x 3,000,000) from the amount of KRW 327,000 (360,000 - 3,000,000) that was paid up to 300,000,000 won, and between the Plaintiff and the Defendant, the Plaintiff set the amount of the guidance to KRW 12,00,000 as the total of KRW 12,00 and interest of KRW 3,00,000 per month.

After maturity, the Plaintiff paid the principal of KRW 12 million among the monthly payments through the Defendant, but the Defendant paid only KRW 360 million out of the total amount of KRW 360 million agreed to pay to the Plaintiff, and did not pay the remainder of KRW 60 million.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 120 million (amounting to KRW 60 million in the balance of the agreed deposit) and damages for delay at the rate of KRW 15% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 13, 2018 to the date of full payment after the delivery of the instant payment order.

B. As to this, the Defendant’s loan amount from the Plaintiff is KRW 60 million around February 2013 and the deposit amount received by the Defendant around April 2, 2013.

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