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(영문) 서울중앙지방법원 2018.10.12 2018가단5100147
대여금
Text

1. The Defendant’s KRW 140,000,000 as well as 5% per annum from April 17, 2016 to July 13, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 26, 2016, the Plaintiff received a request from the Defendant to grant money to the Defendant to make a profit by investing in stocks, and remitted KRW 140,000 to the Defendant.

B. On March 28, 2016, the Defendant: (a) confirmed that the Plaintiff borrowed KRW 140,000,000 to the Plaintiff; (b) promised that “10,000,000 shall first be repaid until April 15, 2016; and (c) shall be repaid with the legal interest thereafter; and (d) drafted and stipulated an agreement on such terms and conditions.”

(hereinafter “instant agreement”). [Ground of recognition] The entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff interest and delay damages at the rate of KRW 140,000,000 and 5% per annum prescribed by the Civil Act from April 17, 2016 to July 13, 2018, the delivery date of the amendment of the purport of the claim of this case, which is the date of delivery of the correction of the purport of the claim of this case, pursuant to the instant agreement, to the Plaintiff, barring any special circumstance.

B. The defendant seems to have asserted that the agreement of this case was concluded by the plaintiff's coercion, and thus null and void or revoked it. However, there is no evidence to acknowledge such coercion, and the above assertion is without merit.

3. citing the Plaintiff’s claim for conclusion

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