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(영문) 서울중앙지방법원 2020.02.12 2019가합536158
대여금
Text

1. The defendant,

A. As to the Plaintiff A’s KRW 809,200,000 and KRW 100,000 among them, the Plaintiff shall be fully paid from June 18, 2019.

Reasons

1. Basic facts

A. On June 11, 2014, Plaintiff A remitted KRW 50,000,00 to the Defendant. On the same day, the Defendant prepared and issued a cash receipt of USD 50,000,000 to the Plaintiff. The amount borrowed shall be repaid within six months from the date of commencement of construction work on the date of borrowing (or, on June 27, 2015, the earlier) interest rate of KRW 9% per annum 17% per annum 2) on June 27, 2014 (hereinafter referred to as “D”), the Defendant prepared and delivered to the Defendant D Co., Ltd. (hereinafter referred to as “D”), a certificate of borrowing as follows, and D transferred the amount of KRW 509,200,000 to the Defendant on July 14, 2014 ($ 500,500,000,000) x KRW 18181).

3) On September 23, 2014, Plaintiff A delivered cash of KRW 50,000,000 to the Defendant. (4) On October 6, 2014, Plaintiff A provided loans to the Defendant with KRW 100,000,000 due date for reimbursement of KRW 50,000 to the Defendant on October 5, 2015, interest rate of KRW 12% per annum, and delay damages rate of KRW 24% per annum.

5) On December 4, 2014, Plaintiff A loaned KRW 100,000,000 to the Defendant on December 3, 2015, at the rate of 12% per annum and 24% per annum on December 3, 2015. (b) Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

On September 3, 2014, KRW 50,00,000 to the Defendant was determined and lent to the Defendant on September 2, 2015, at the rate of 12% per annum, and at the rate of 24% per annum of 2015. [Grounds for recognition] The Defendant did not dispute any dispute, A’s evidence of subparagraphs 3 through 7 (including each number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. Determination as to the cause of action

A. According to the facts found in the judgment on the Plaintiff’s claim, the Defendant recognized the Plaintiff’s claim amounting to KRW 809,200,000 (==50,000,000 as of June 11, 2014) (the obligee on the basis of the rent) KRW 509,200,000 as of June 27, 2014 (the obligee on the basis of the rent) as of June 27, 2014, the Defendant did not dispute the Plaintiff’s claim that the obligee D or the actual obligee is the Plaintiff. Accordingly, the Defendant recognized the obligee on the loan as the Plaintiff, and recognized the Plaintiff’s claim amounting to KRW 509,20,00 as of the date of closing the argument in this case within

September 23, 2014 50,000.

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