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Reasons
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(영문) 서울남부지방법원 2015.01.16 2013가단223251
대여금
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1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B amounting to KRW 12,695,357 and the foregoing amount:

B. Defendant C.

Reasons

1. Basic facts

A. The Plaintiff is to be paid interest on approximately 7% per month from Defendant B, and the Defendant B lent KRW 22,00,000,000,000 as stated in the “ principal of the loan” between January 5, 2008 and November 16, 2009, as stated in the [Attachment 4](1) through (31) of the [Attachment 1] (hereinafter “the details of loans and repayment”) (hereinafter “the details of loans”) to Defendant B.

(2) On September 30, 2010, Defendant B prepared and delivered a loan certificate for KRW 22 million to the Plaintiff (hereinafter “the instant loan certificate”). At the time, interest on the said first loan was paid in KRW 1.5 million per month, and Defendant C guaranteed the Plaintiff’s above obligation (hereinafter “instant guarantee agreement”). (c) Defendant B received a loan for KRW 2 million from Nonparty D on April 20, 2010, Defendant B transferred the said loan to the Plaintiff, and Defendant B agreed to pay interest at KRW 5% per month on the said loan to the Plaintiff (hereinafter “second loan”).

D. On August 21, 201, the Plaintiff again received interest of KRW 300,000 on August 21, 201, and lent KRW 3.7 million to Defendant B.

(hereinafter referred to as the “third loan”, and the total amount of each of the above first or third loans is e.g., each of the instant loans.

With respect to each of the instant loans, Defendant B repaid KRW 26,880,000 to the Plaintiff, as indicated in the “loan and Repayment” column, as in February 2, 2008 to February 13, 2012.

hereinafter referred to as "the repayment of this case"

(ii) [Ground of recognition: Facts without dispute, Gap 1, 2, 4, 5 evidence, Gap 7-9 evidence, Eul 1 and 3 evidence (including each number), the purport of the whole pleadings;

2. Determination as to the principal lawsuit

A. The plaintiff asserts that he lent a total of KRW 38.4 million to the defendant B, such as the principal of the attached Form and the details of the repayment of interest.

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