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(영문) 서울중앙지방법원 2016.09.02 2015가합10849
대여금
Text

1. The Defendant’s annual period from April 7, 2009 to May 31, 2015, as to KRW 106,288,312 among the Plaintiff and its KRW 106,28,312.

Reasons

1. Basic facts: ① The Plaintiff loaned a total of KRW 640 million to the Defendant at an interest rate of KRW 1.5% per annum (18% per annum) on seven occasions as indicated below; ② the Defendant lent a total of KRW 640 million per annum to the Defendant on March 6, 2007; and ② the same year as indicated below:

4. The payment of a total of KRW 400 million on October 11, 200, and October 21, 2007, in total, shall not be in dispute between the parties.

The loan interest rate (1.5% per month = 18% per annum) 1,40,000 won per April 25, 2005, 200,000 won per September 16, 2005,000 won per September 16, 2005, 3,50,000 won per month, 1.5 million won per June 29, 2006, 4,000 won per June 26, 2007, KRW 750,000 per month, 50,000 won per April 10, 2007, KRW 6,000,000 per month, KRW 1.5 million per month,50,000 won per May 10, 2007, KRW 1.5 billion,500,0000 per month, KRW 1.5 million,000,000 per month.

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay to the plaintiff the amount of the claim claimed by the plaintiff as part of the remainder of the principal and interest remaining after being appropriated in the order of interest and principal at the time of repayment.

B. The Defendant’s assertion that the Defendant repaid the Plaintiff the principal of KRW 150 million over four occasions, other than the above KRW 400 million, and repaid the interest of KRW 162 million up to November 16, 2009, and transferred C’s claim amounting to KRW 135 million to the Plaintiff, while completing all settlement by accepting a letter of commitment and cash custody certificate as desired by the Plaintiff from the head of the shopping mall invested by the Plaintiff, the Defendant cannot respond to the Plaintiff’s claim.

3. Determining the amount of repayment and appropriating it;

A. From April 25, 2005 to September 15, 2005 (hereinafter “period”) the repayment amount, and the fact that the Plaintiff loaned KRW 100 million to the Defendant at an annual interest rate of 18% per annum on April 25, 2005 is recognized as above. In light of the overall purport of the pleadings in the statement No. 4-1, the Defendant described in the statement No. 4-1, and the Defendant described “date of satisfaction of performance” in the statement No. 1 through 4 below during the above period (the date on which the Defendant entered as the date of payment of interest on April 26, 2005) on April 18, 201 (the date on which the payment was made by the Defendant on May 26, 2005).

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