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(영문) 서울중앙지방법원 2019.04.24 2018가단5221969
대여금
Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and 12% per annum from February 1, 2017 to September 14, 2018; and (b).

Reasons

1. Basic facts

A. On September 26, 2016, the Plaintiff and C filed a complaint against E, F, and G with the Seoul Central District Prosecutors’ Office for the violation of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On December 29, 2016, the Defendant agreed to pay KRW 100 million to the Plaintiff in return for the withdrawal of the Plaintiff’s complaint. On the same day, the Defendant drafted a loan certificate with interest rate of KRW 12% per annum on January 31, 2017 on the date of repayment of the remainder of KRW 50 million (hereinafter “the instant loan certificate”).

C. On January 9, 2017, the Plaintiff prepared and submitted a written withdrawal of the complaint to the Seoul Central District Prosecutors’ Office.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant agreed to pay KRW 100 million in return for the withdrawal of the complaint to the Plaintiff. Accordingly, it can be acknowledged that the Defendant paid KRW 50 million, which is part of KRW 100,000, and prepared the certificate of loan in this case as to KRW 50,000,000, which is part of KRW 50,000,000,000,000,000

Therefore, the defendant is obligated to pay to the plaintiff 50 million won and to pay 12% per annum, the agreed interest rate from February 1, 2017 to September 14, 2018, the service date of the original copy of the payment order from February 1, 2017, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. citing the Plaintiff’s claim for conclusion

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