(영문) 수원지방법원안양지원 2015.04.03 2014가합3684

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(영문) 수원지방법원안양지원 2015.04.03 2014가합3684

차용금

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1. The Defendant’s KRW 105,00,000 as well as 30% per annum from December 31, 201 to July 2, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On or after the end of December, 2011, the Defendant entered into an agreement with the Plaintiff to pay to the Plaintiff KRW 3,150,000 per month (i.e., KRW 36% per annum) as to the principal (i., the interest on the principal).

I would like to pay interest only for six months from January 30, 2012 on the above amount of daily KRW 105,000,000 (Won 105,000,000) and to repay the principal in six months from August 1, 2012 to six months from February 1, 2013, with 10,000 won in five months from February 1, 2013, and with respect to any balance, repayment will be completed on August 1, 2013.

Provided, That the Won 11,750,000 won (one thousand one hundred and seventy million won) shall be paid in 1,175,000 won by the time limit for each 20th day of the month.

B. Meanwhile, on December 13, 2011, the Plaintiff deposited KRW 10,000,000 in the Defendant’s National Bank Account (C).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that: (a) on June 20, 201, the Plaintiff received a promissory note as stated in the Defendant’s face value of KRW 70 million, and the due date on September 24, 2011; (b) lent KRW 70 million to the Defendant; (c) on August 11, 2011, a promissory note as stated in the face value of KRW 50 million and the due date on November 11, 201 was delivered; and (d) the Defendant repaid KRW 50 million out of the amount around November 21, 201.

Then, around December 24, 2011, the Defendant: (a) returned two promissory notes to the Plaintiff to pay in cash the balance of the said notes; (b) around December 24, 201, the Defendant drafted and issued the instant loan certificate with respect to KRW 15 million around the end of December, 201.

On the other hand, the Plaintiff, around December 13, 201, ordered the Defendant to immediately repay the loan amounting to KRW 10 million, separate from the loan certificate in this case.

Therefore, the Defendant agreed to the Plaintiff at KRW 250 million = Loans 15 million on the loan certificate of this case.

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