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(영문) 서울중앙지방법원 2016.08.25 2016가단5078024
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and interest rate of KRW 15% per annum from March 9, 2016 to the date of full payment.

Reasons

1. In full view of the facts of recognition as evidence Nos. 1, 2-1 through 4, and 3, the Plaintiff is a company operating a casino consulting business, etc., and the Defendant is KRW 3 million on April 11, 2014, and ② the same year.

5. 15. 7 million won, 3. The same year

6. 5. 12 million won, 4. The same year

7.3. 10 million won (i.e., KRW 70 million) is leased without setting the due date for payment, and there is no reflective document.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 15% per annum from March 9, 2016 to the day of full payment, which is the day following the day when the original copy of the payment order of this case was due, which includes the purport that the above loan 32 million won and the repayment of the above loan will be notified.

In regard to this, the defendant recognized that the above ① borrowed money, but the above ②, ③, and ④ the money was retired as a joint representative director of the plaintiff company with C while in office with C, and was received only as the payment and business expenses for D, etc. employed by the defendant when in office, and not borrowed. The plaintiff demanded the signature and seal on the certificate of borrowing as a way to take the name of business expenditure of the company into account, but there is no evidence to acknowledge this, the above assertion is rejected as it is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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