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(영문) 서울서부지방법원 2019.05.30 2019가단534
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from December 27, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On September 29, 2016, the Plaintiff drafted a written agreement on repayment of the principal and interest of the loan with the Defendant (hereinafter “instant agreement on redemption of the principal and interest of the loan”), and the main contents are as follows.

The borrower: The loan principal borrowed at the original cost (100,000,000 won): The agreed interest rate on September 29, 2016: The 1% interest rate on September 29, 2016: The date on which the principal and interest are due: The 29th day of each month: The date on which the principal and interest are due: The Plaintiff Return on September 29, 2018.

B. The Plaintiff paid KRW 100 million to the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts found earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from December 27, 2018 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of the original copy of the instant payment order.

3. The defendant's argument as to the defendant's argument is that the defendant carried on the business with C, who is his/her father, and at the time C borrowed KRW 100 million from the plaintiff and invested. At the time, C, at the request of C, only prepared a written agreement on repayment of the principal and interest of the loan of this case in order

It is not sufficient to recognize the evidence of No. 1 only with the statement of No. 1, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition with the assent of all participating Justices.

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