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(영문) 서울중앙지방법원 2016.10.18 2015가단136133
대여금 등
Text

1. The defendant shall be the plaintiff.

(a) 16,00,000 won and 24% per annum from July 28, 2015 to the date of complete payment.

Reasons

1. While the Defendant borrowed money from the Plaintiff on several occasions and traded money with the repayment of the money, the fact that on February 25, 2015, the Defendant prepared and delivered the loan certificate stating 21,00,000,000 won and interest rate of 24% per annum (hereinafter “the loan certificate of this case”) to the Plaintiff on February 25, 2015 can be acknowledged by adding the purport of the entire pleadings to the statement under subparagraph 1 and subparagraph 3-9. Meanwhile, on March 30, 205, the Plaintiff was paid KRW 5,00,000 out of the above loan amount to the Plaintiff on March 30, 2015. Accordingly, the Defendant is liable to pay the Plaintiff the remainder of the loan amount of KRW 16,00,000 and the interest rate of KRW 24% per annum from July 28, 2015 to the day of the above loan certificate to the day of full payment.

As to this, the Defendant: (a) borrowed KRW 21,00,000 from June 27, 2014 to the date on which the loan certificate in this case was prepared; (b) paid KRW 10,00,000 among them, the Defendant paid KRW 11,00,000 to the Plaintiff as of the date on which the loan certificate was prepared; and (c) thereafter, as alleged by the Plaintiff, additionally repaid KRW 5,00,000 on March 30, 2015 to the Plaintiff, the amount of the loan to the Plaintiff remains only the remainder of KRW 6,00,000,000; and (d) accordingly, the Defendant asserted that the loan to the Plaintiff remains only as claimed by the Plaintiff, based on the written evidence No. 1, the Defendant’s assertion from June 27, 2014 to the date on which the loan certificate in this case was prepared.

7. 7. 5,00,000 won; 5,000,000 won on November 26, 190 of the same year; and 5,000,000 won on December 12 of the same year; and for the Plaintiff, the same year.

8. 5,000,000 won and the same year.

9. The fact that the Defendant paid KRW 5,000,000 can be recognized. However, the evidence, including the above monetary transaction, presented by the Defendant alone, is alone the loan certificate of this case.

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