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(영문) 서울중앙지방법원 2016.04.28 2015가합573364
대여금
Text

1. The defendant shall be the plaintiff.

A. From July 16, 2015, KRW 238,813,852 and KRW 215,00,000 among them shall be repaid.

Reasons

1. Determination as to the cause of claim

A. Determination on the portion of a claim for a loan was made to the Defendant on May 2, 2012, KRW 50,00,000, KRW 50,000 on October 24, 2012, KRW 20,000 on January 7, 2013, KRW 50,000 on September 6, 2013, KRW 200,000 on September 6, 2014, KRW 20,000 on May 7, 2014, KRW 20,000, KRW 30,000, KRW 30,00 on May 7, 2014, KRW 20, KRW 15,00 on the loan and KRW 20,00 on the loan, KRW 20,00 on the loan and KRW 5,05,05,00 on the loan, respectively, and KRW 205,05,205.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 238,813,852 (=215,00,000 KRW 23,813,852) and the amount of KRW 215,00,000 of the loan principal, whichever is the date following the date of final payment of interest, to the date of full payment of the agreed interest rate of KRW 215,00,000,000, whichever is the agreed interest rate of KRW 215,00,00,00

(On the other hand, this part of the plaintiff's claim for delay damages from July 15, 2015, which is the date of payment of the above last interest, is without merit).

The Plaintiff, from June 15, 2014 to July 15, 2016, organized the limit of 150,000,000 won (the addition of interest after the six) and 26 months as to the claim for the payment of the deposit amount. The Defendant opened the account Nos. 4 and 14 of the above limit of number; the Defendant’s deposit amount of the above limit of number was KRW 6,00,000 per one unit before the receipt of the deposit amount; the amount of the credit amount was KRW 7,50,000 per one unit after the receipt of the deposit amount; the Plaintiff paid KRW 40,00,000 to the Defendant on September 15, 2014; and the Plaintiff paid KRW 150,000,000 to the Defendant on July 16, 2015 to July 20, 2014 to the Defendant’s direct account under the name of 30,000 won; and

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