(영문) 서울남부지방법원 2015.04.07 2014가단232061

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(영문) 서울남부지방법원 2015.04.07 2014가단232061

대여금

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1. The defendant shall pay to the plaintiff the amount of KRW 42,607,707 and KRW 27,773,479, out of the above amount, from August 25, 2010 to the day of full payment.

Reasons

1. If the plaintiff extended money to the non-party C from July 1, 2007 to the non-party C, the relationship between C and the defendant maintained. The defendant prepared a document (the evidence No. 1, the following from the loan certificate of this case to the plaintiff around August 15, 2008) stating "the loan certificate of this case") to the plaintiff around August 15, 2008 and paid KRW 30 million to the plaintiff until February 28, 2009, and the contract was made to pay the interest added to the five-month interest rate from October 1, 2008. Thus, it can be acknowledged that the plaintiff did not dispute with the plaintiff or the defendant, and all arguments were presented in the statement No. 1, No. 2-1, and No. 2-1, and No. 2. Thus, according to the above facts, the defendant is obligated to pay the interest rate of KRW 3 million to the plaintiff within the agreed interest rate of 1,200,000,000 per annum.

2. The defendant's defense asserts that the defendant, either directly or through C, paid all of the debt of the loan of this case to the plaintiff.

According to the statement in Eul evidence No. 1, the defendant, after August 15, 2008, on the date of drawing up the loan certificate of this case, 40,000 won on August 20, 2008, and 400,000 won on August 29, 2008, for the plaintiff.

9. The payment of KRW 50,00 won on December 5, 200, KRW 300,000 won on the 28th of the same month, KRW 160,000 on October 16, 10 of the same year, KRW 50,000 on November 24, 2010 of the same year, and KRW 160,000 on August 1, 201, which was the initial date of the agreement, = KRW 400,000 on August 20, 2008, respectively.

9. On December 28, 198, 300,000 won, the principal remaining after being appropriated for principal shall be KRW 28,40,000,000,000, and the amount paid thereafter shall be the interest and principal calculated at the rate of 30% per annum, which is the maximum legal interest rate, within the scope of the agreed interest rate up to the date of payment in accordance with the order of statutory appropriation performance, as stated in the attached Table

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