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(영문) 서울남부지방법원 2015.12.18 2014가합14116
대여금
Text

1. The Defendant’s KRW 267,300,000 as well as the Plaintiff’s KRW 6.9% per annum from December 4, 2014 to January 7, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. On November 4, 2014, the Defendant prepared and delivered a letter of intent to pay to the Plaintiff the interest calculated at the rate of KRW 289,30,000,000 and the interest calculated at the rate of KRW 6.9% per annum, to the Plaintiff by November 30, 2014 (hereinafter “each letter of this case”).

After drawing up the instant letter, the Defendant repaid KRW 22 million to the Plaintiff, KRW 12 million on November 30, 2014, and KRW 10 million on December 3, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1-4, the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining amount of KRW 267,300,000 (i.e., KRW 289,300,000 - KRW 22,000) and the interest calculated at the rate of 6.9% per annum under the agreed interest rate from December 4, 2014 to January 7, 2015, the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, and to pay the amount of money calculated at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion: (a) acknowledged that around October 20, 2013, the Defendant assumed the Plaintiff’s obligation to borrow KRW 213 million with respect to the Plaintiff; (b) however, the Defendant repaid the Plaintiff KRW 78,531,00 from July 10, 2014 to November 30, 2014; and (c) KRW 30 million from January 30, 2015; and (d) even after having paid the said amount, the Defendant made the Plaintiff prepare each of the instant forms by the Plaintiff’s coercion, and thus, revoked the declaration of intent indicated in each of the instant forms.

B. According to the reasoning of the evidence No. 1-1, 2, and 3 of the judgment on the claim for reimbursement 1, the Defendant is deemed to have remitted to the Plaintiff KRW 10 million on Jul. 10, 2014, KRW 24 million on Jul. 18, 2014, and KRW 22,531,00 on Jul. 19, 2014, and KRW 22,531,00 on Jul. 19, 2014, it cannot be deemed to have been repaid since it was performed before the formation of each of the instant statements.

The Defendant’s KRW 12 million on November 30, 2014, and on November 2014.

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