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(영문) 서울중앙지방법원 2016.09.07 2016가단77453
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,90,000 and the interest rate of KRW 15% per annum from August 3, 2016 to the day of complete payment.

Reasons

1. The Plaintiff, on April 28, 201, delivered a custody certificate stating that the Plaintiff shall return KRW 35.4 million to the Plaintiff by April 28, 2012, including the principal amount of KRW 30 million and interest KRW 5.4 million, which the Defendant worked for the Plaintiff around May 6, 2011 (hereinafter “the custody certificate of this case”) or the entire purport of arguments and arguments. As such, the Defendant is not in dispute between the parties, or the Plaintiff shall be deemed to have delivered a custody certificate stating that the Plaintiff shall return KRW 35.4 million to the Plaintiff by April 28, 2012, including the principal amount of KRW 35.4 million and interest KRW 5.5 million after subtracting the Plaintiff’s repayment from the custody certificate of this case’s KRW 35.5 million, the Plaintiff shall pay the remainder of the principal amount after deducting the Plaintiff’s repayment from KRW 9.5 million, a copy of the claim for delay damages calculated from KRW 25.5 million and damages for delay.

2. As to the defendant's assertion, the defendant prepared the certificate of custody in this case to verify the plaintiff's investment funds against the non-party company, and argued that the defendant's repayment liability does not occur. However, in light of the purport of the certificate of custody, the defendant clearly stated that the principal and interest shall be returned to the plaintiff, and the actual defendant repaid KRW 9.5 million, the defendant's argument above

In addition, the defendant's defense to the effect that the custody certificate of this case was prepared by the plaintiff's pressure and invalid, but there is no evidence to acknowledge it, and therefore the defendant's defense is without merit

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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