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(영문) 서울중앙지방법원 2020.10.21 2020가합561662
대여금
Text

1. The defendant,

A. As regards Plaintiff A’s KRW 360,054,00 and KRW 114,406,00 among them, from October 6, 2016, and KRW 141,50.

Reasons

1. Determination as to Plaintiff A’s claim

A. According to the respective statements in Gap evidence Nos. 1 and 2 (including each number), the criminal judgment against the defendant who is obvious to this court (hereinafter “relevant criminal judgment”) and the entire purport of the pleadings against the defendant, the plaintiff A lent money to the defendant as follows.

The written reply, drawn up in the name of the defendant and received by mail at this court on September 17, 2020, stated to the effect that "C (the defendant) who is the defendant of this case shall have no objection to the plaintiff's assertion and shall accept the decision of the full bench" to recognize all the claims of the plaintiffs.

However, the defendant himself does not directly receive the above written response in this court, and the duplicate of the complaint in this case was served on the defendant, and the defendant's address stated in the mail bags in which the above written response was enclosed is not served as "the director's unknown address" is the defendant's last address, and there is a reason for doubt as to whether the defendant himself prepares the above written response.

Therefore, the defendant recognized the plaintiffs' claim.

The plaintiffs' claims are judged in light of the allegations and evidence submitted by the plaintiffs without recognizing the facts of the plaintiffs' assertion or confession.

① Loaning KRW 68,358,00 on April 1, 2016 as KRW 24% per annum on March 31, 2017, interest rate of KRW 24% per annum, and delay damages of KRW 46,048,00 on April 8, 2016; ② to lend KRW 246,00 on March 31, 2017, interest rate of KRW 24% per annum; and ③ to lend KRW 141,50,000 on August 1, 2016; to lend KRW 24% per annum on July 30, 2018; to lend KRW 24% per annum; and ④ to lend KRW 44,148,00 on August 27, 2016 as interest rate of KRW 50% per annum; and to lend KRW 60% per annum on June 30, 2016.

B. Plaintiff A: (a) the foregoing sequence (1), (2), and (4) the interest on loans from the Defendant until October 5, 2016; and (b) the said sequence (3) the loans.

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