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Reasons
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(영문) 서울중앙지방법원 2017.08.31 2017가합545219
대여금
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1. The Defendant’s KRW 300,000,000 as well as 12% per annum from October 1, 2016 to June 5, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. According to the Plaintiff’s statement No. 3-1 on January 20, 2014, the date of preparation of the loan certificate is July 20, 2014.

However, according to the statement in Gap evidence No. 1, the plaintiff paid KRW 100,000,000 to the account under the name of B on January 20, 2014. Thus, it is reasonable to view the lending date as January 20, 2014.

B The interest rate of KRW 10,000,000 was 1% per month, and the due date was January 20, 2015 (hereinafter “instant loan”) was leased to B as of January 20, 2015 (hereinafter “instant loan”). According to the evidence No. 3-2, Oct. 10, 2014, the date of preparation of the loan certificate is September 30, 2014.

However, according to Gap evidence No. 2, it can be recognized that the plaintiff deposited KRW 200,00,000 in the account under the name of the defendant on October 10, 2014. Thus, it is reasonable to view the lending date as October 10, 2014.

The Defendant lent KRW 200,000 to the Defendant 1% of interest per month and the due date on December 30, 2014 (hereinafter “instant second lending”).

B. On February 24, 2016, the Defendant, who received the Plaintiff’s objection due to the delinquency in the payment of interest under the instant loan Nos. 1 and 2, prepared and delivered a certificate of borrowing the following content to the Plaintiff.

1. Total amount of loans: 30,000,000 won;

A. The defendant's account of KRW 200,000,000

(b) 100,000,000 won as passbook B; and

(c) Consolidated interest KRW 30,000,000;

2. Date of repayment on May 31, 2016: The first 1,00,000 won, June 30, 2016: The second 230,000,000 won.

C. The Plaintiff did not pay the borrowed amount after the maturity date specified in the above loan certificate, but the Plaintiff again set up and delivered to the Defendant a letter of performance of payment (hereinafter “written performance of the instant payment”) as follows on June 9, 2016.

The obligor: The Defendant, the obligee, and the Plaintiff: The Defendant shall prepare, confirm, and prepare to the Plaintiff, a letter of payment performance as follows:

Principal: 300,000,000 won for principal, 30,000,000 won for interest, and the date of performance: September 30, 2016

D. Meanwhile, the defendant.

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