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(영문) 서울중앙지방법원 2019.05.03 2018가단5119295
대여금
Text

1. The Defendant’s KRW 65,00,000 as well as 5% per annum from December 31, 2016 to May 1, 2018 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff and Eul set up and lent a loan of KRW 65 million to the defendant around May 19, 2009 (hereinafter "the loan of this case") by November 19, 2009, and the defendant prepared and delivered a loan certificate stating "the defendant would pay KRW 65 million to the plaintiff by December 30, 2016." According to the above facts of recognition, the defendant has the obligation to pay the plaintiff the loan of this case 65 million and the damages for delay calculated from December 31, 2016 to May 19, 2018, the delivery date of the original original copy of the payment order of this case by 15% per annum from the day following the date of the payment order of this case, and 15% per annum from the day after the date of the payment order of this case to May 15, 2018.

2. The defendant's assertion and judgment

A. On April 12, 2007, the defendant asserted that he borrowed 600 million won from the plaintiff, Seodaemun-gu, Seoul (hereinafter collectively referred to as "the real estate of this case") as joint collateral by designating the loan from the plaintiff as the interest rate of 15.6% per annum. When the defendant delayed the payment of interest, the plaintiff requested the payment of interest, and the defendant transferred the ownership of the real estate of this case to the principal amount of 60 million won on May 2009, but the plaintiff was seeking the payment of 65 million won as the principal amount was unpaid, and the plaintiff was seeking the payment of 80 million won as the interest amount was due to the transfer of ownership of the real estate of this case, and therefore, the market price of the real estate of this case was a total of 80 million won, and thus the debt of the plaintiff of this case was extinguished due to the expiration of the five-year statute of limitations.

B. On April 12, 2007, the Defendant borrowed the instant real estate from the Plaintiff as a joint collateral at interest rate of KRW 600 million at 15.6% per annum, and the Defendant delayed the payment of interest.

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