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(영문) 서울중앙지방법원 2016.08.25 2015나56559
대여금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 19,586,451 as well as its full payment from February 8, 2012.

Reasons

1. Facts of recognition;

A. On August 7, 2008, the Plaintiff: (a) agreed to KRW 26,850,000 on August 7, 2008; (b) determined the amount of KRW 3.5% per month and three months from the date of repayment; (c) deducted and lent KRW 3,150,000 for three months from the date of loan.

(The interest rate for three months based on the rate of 30% per annum under the Interest Limitation Act is KRW 2,030,301. Thus, the interest on a loan lent by the Plaintiff to B is KRW 28,880,301. hereinafter the above loan is referred to as “instant loan”).

B paid to the Plaintiff the same amount as attached Form 1 from November 7, 2008 upon repayment of the principal and interest of the instant loan, and if appropriated as attached Form 2, the principal of the instant loan as of February 7, 2012 remains 19,586,451 won.

C. Since the loan of this case, B paid only interest to the Plaintiff after the loan of this case, B delayed payment of interest for about 13 months from October 201 to October 201.

Accordingly, on November 4, 201, the Plaintiff, along with I, found K cafeteria located in Seocho-gu Seoul Metropolitan Government J, which was operated by B on November 4, 201, and paid D (the Plaintiff with interest on the instant loan on behalf of B).

The plaintiff urged D to repay the loan of this case, D transferred to the defendant office located under the cafeteria immediately following the plaintiff and I, and D transferred to the defendant office.

D) At all times, D drafted a letter of commitment to pay the instant loan by no later than November 30, 201 (hereinafter “instant letter of commitment”) (hereinafter “instant letter of payment”).

In addition, the defendant representative director F also refers to that the defendant representative F will make sure that the defendant representative D will be infinite, and that the defendant representative F will be liable for the repayment with the above debtor in the same word below the letter of payment in this case. He affixed the seal of the defendant representative director on the side of the defendant E farming association representative F and Chungcheongbuk-gun G.

[Ground of recognition] Unsatisfy, the testimony of the witness I, Gap evidence 1, Gap evidence 2, the result of the stamp image appraisal by the appraiser H in the first instance trial, and the Youngju District Court in the party trial.

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