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(영문) 서울북부지방법원 2016.04.28 2014가합5429
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 30% per annum from November 1, 2012 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 1, 2012, the Plaintiff loaned KRW 200 million between the Defendant and the due date on February 28, 2013, 3% of the principal of interest per month, and the payment date of interest on the first day of each month.

B. On August 1, 2012, the Defendant created a right to collateral security with the Defendant and the maximum debt amount of KRW 200 million with respect to the land of this case owned by the Plaintiff (hereinafter “instant land”).

C. The Defendant did not pay interest on two-month occasions after the payment of the interest.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the agreed interest rate of 30% per annum under the Interest Limitation Act, which is the highest interest rate under the said borrowing date, within the scope of the agreed interest rate from November 1, 2012, as the Plaintiff seeks.

3. Judgment on the defendant's assertion

A. The summary of the argument is as follows: E, which was known to the Defendant from D upon introduction, requested that “the Defendant borrowed KRW 200 million from the Plaintiff as collateral and used it as a successful bid price if it borrowed KRW 100 million from the Plaintiff to him/her.” The Defendant provided that only KRW 100 million out of KRW 200 million deposited by the Plaintiff to the Defendant’s account, and the remainder of KRW 100 million was given to E, and thus, the Defendant is liable for repayment only to KRW 100 million used by the Defendant out of KRW 200 million.

B. According to the Defendant’s argument, the Defendant permitted the Plaintiff to borrow KRW 200 million from the Plaintiff as the obligor upon the E’s request and establish a right to collateral security on the instant land. As such, the Defendant is liable for the full amount of KRW 200 million as the principal obligor, and the lending KRW 100 million to E is used by the Defendant’s own responsibility.

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