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(영문) 서울북부지방법원 2020.04.23 2018가단24360
차용금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 7 and No. 8-1, the plaintiff loaned money to the defendant several times from April 16, 1993 to April 12, 2004. The plaintiff and the defendant confirmed on August 18, 2004 that the remaining principal and interest of the above loan were KRW 165,00,000,000, and on December 27, 2008, the defendant prepared and delivered a loan certificate (No. 1; hereinafter referred to as "the loan certificate of this case") with the purport that the defendant borrowed KRW 165,00,000 from the plaintiff from the plaintiff on December 27, 2008.

According to the above facts, the defendant is obligated to pay KRW 165,00,000 to the plaintiff with loans promised to be returned by the loan certificate of this case, unless there are special circumstances.

(hereinafter referred to as the “instant loan”) b.

On August 18, 2004, the Plaintiff agreed to set the principal amount of KRW 165,00,000 per month, and agreed to pay interest of KRW 2,50,000 per month, and even at the time the loan certificate of this case was prepared, the above interest agreement was maintained as it was. However, after the drawing up of the loan certificate of this case, the Plaintiff’s interest amount of KRW 129,676,641 is a total of KRW 129,641, and this constitutes interest for KRW 165,00,00 as it constitutes interest for KRW 52.5 months, the Defendant is obligated to pay the Plaintiff interest calculated at the rate of KRW 2,50,00 per month from June 1, 2013.

At the time of drawing up the loan certificate of this case on December 27, 2008, the Defendant agreed to pay interest of KRW 2,500,000 per month to the Plaintiff for KRW 165,00,000.

In full view of the overall purport of the arguments in Gap evidence Nos. 8 through 11 (including the number of branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the defendant was changed to the plaintiff on February 21, 2009, and C Co., Ltd (hereinafter the "Co., Ltd.") on September 10, 2009 to the "Co., Ltd."; hereinafter the "Co., Ltd.") borrowed KRW 165,00,000 from the plaintiff and the non-party Co., Ltd.

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