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(영문) 대전고등법원 2016.12.01 2015나14837
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 107,169,085 as well as with regard thereto on October 31, 2015.

Reasons

1. As to the cause of claim

A. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 2, and 3-1, Gap evidence No. 4, 6, and 14 and the whole purport of the arguments.

1) On November 30, 2009, the Defendant: (a) set the interest rate of KRW 100 million borrowed from the Plaintiff on November 30, 2009 at 2% per month (interest rate of 2.5% per annum); and (b) set the above borrowed amount (hereinafter “the first borrowed amount”).

(2) From December 3, 2009 to September 1, 2010, the Defendant borrowed from the Plaintiff a sum of KRW 80,000,000,000 (hereinafter “the second rent”) as indicated below, without setting interest and the due date.

[Attachment 1] The amount of loan No. 1 6,00,000 on December 3, 2009 6,000,000 on 12.3, 200,000 on 6,00,000 on 3, 200,000 on 6,00,00 on 6,00 on 7, 200 on 200,00 on 6,00 on 6,00 on 120,00 on 16,00 on 20.4,00 on 6,00,00,00 on 20.6,00 on 20,00 on 7, 200,00 on 16,00,000 on 17, 2000,007 on 17, 2000,000 on 209;

(4) From January 13, 2011 to September 26, 2011, the Defendant borrowed a sum of KRW 35,770,000 (hereinafter “instant fourth-use loan”) as indicated in the following [Attachment 2] from the Plaintiff without setting interest and the due date for repayment, as stated in the following table.

[Attachment 2] The amount of loan (won) dated January 13, 201 5,00,000,000 on the date of the lending Nos. 5,000 on January 13, 201, 201, 31. 5,000,000 March 30, 200 on March 30, 201. 5,000,000 on April 18, 201.

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