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(영문) 서울고등법원 2015.05.29 2014나40628
대여금반환
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

The plaintiff's claim corresponding to the cancellation is dismissed.

2.

Reasons

Basic Facts

The Plaintiff and the Defendant were on duty in C (hereinafter referred to as “C”) as a part of the workplace.

On March 30, 2012, KRW 10,00,000, KRW 9,750,000 on June 1, 2012, and KRW 30,000,000 on June 28, 2012, and KRW 50,000 on August 31, 2012, the Plaintiff remitted to a new bank account (D) under the Defendant’s name.

(2) On June 28, 2012, and August 31, 2012, the Defendant prepared and delivered the following loan certificates to the Plaintiff.

On June 28, 2012, the Defendant borrowed KRW 50,000,00 from the Plaintiff on June 28, 2012. The Defendant borrowed KRW 50,000 from the Plaintiff on June 28, 2012, and the monthly interest rate of KRW 4% (Provided, That KRW 20,00,000 shall be KRW 3% per month) shall be paid on the last working day of each month, and the monthly interest rate shall be paid, except in extenuating circumstances. However, the Defendant shall continue to borrow the loan and refund the loan at the time of not paying interest.

On August 31, 2012, the Defendant borrowed KRW 50,000,00 in addition to the loan borrowed on August 31, 2012 as of June 28, 2012. The interest shall be KRW 4% per month, but the interest shall be paid KRW 4,00,000 on the last working day of each month, including the existing interest, and the interest shall be paid KRW 4,00,000 on the last working day of each month, and the loan shall be refunded at the time when the interest is not paid, except in extenuating circumstances.

On October 1, 2013, the Plaintiff notified the Defendant that a total of KRW 100,00,000 and interest KRW 15,000,000 between six months and six months, as the Defendant did not pay interest based on the above loan certificate for at least six months.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and Eul evidence Nos. 1 (including a serial number if any), testimony of witness E of the party concerned, and the purport of the entire pleadings, the gist of the plaintiff's assertion by the parties concerned is set at 3% per month or 4% per month and the plaintiff decided to refund the borrowed money if the interest is not paid, and the defendant did not pay interest after April 2013. Thus, the defendant has a benefit of time.

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