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(영문) 서울동부지방법원 2017.08.31 2016가단36097
대여금
Text

1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from November 6, 2016 to August 31, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff, on September 17, 2014, determined the due date for payment as of April 30, 2015, without interest, to the Defendant and KRW 10 million on or around September 17, 2014. Around May 18, 2015, the Plaintiff leased KRW 10 million to the Defendant on December 30, 2015 without interest, and was repaid KRW 10 million among them until November 6, 2015.

B. On November 6, 2015, when the Plaintiff additionally lent KRW 10 million to the Defendant, the Plaintiff prepared and received “a notarized money loan agreement on debt acquisition” with the content that the Plaintiff acquired a deposit for lease of KRW 15 million on the 10,000,000 from the Defendant or D, and that KRW 15,000,000,000,000,000,000,000 from the notary public’s office, as joint lessee, and the Defendant and the Defendant’s ASEAN as of November 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-2, Eul evidence 1-2, witness F's testimony, the purport of whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 20 million and delay damages therefor. 2) Meanwhile, the Plaintiff asserted that “The Defendant lent the Defendant KRW 10 million around September 17, 2014, KRW 10 million around May 18, 2015, KRW 15 million around November 6, 2015, KRW 35 million, and KRW 35 million in total to the Plaintiff.” As such, the Defendant sought additional payment of KRW 35 million, and the Plaintiff sent the notice of loan amount of KRW 20 million on the No. 35 million on the No. 15 million on the No. 15 million on the No. 2015, Nov. 6, 2015; and even if the Plaintiff submitted the notice of the loan amount of KRW 15 million on the No. 35 million on the No. 500,000 on the No. 100,000 on the No. 35.

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