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Reasons
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(영문) 서울서부지방법원 2014.11.21 2014가합34010
청구이의
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1. The Defendant’s KRW 41,682,171 among Plaintiff A and KRW 33,806,902 among them shall be from December 10, 2013, KRW 7,875,269.

Reasons

1. Basic facts

A. On July 6, 2012, the Defendant paid KRW 8,900,000 remaining after deducting KRW 1,100,000 from interest and service fees on the same day, while lending KRW 1,00,000 to the Plaintiff on the same day without setting the due date. (2) On October 12, 2012, the Defendant paid KRW 20,000 per annum interest and KRW 30,000,000 to the Plaintiff on April 12, 2013, the due date after deducting KRW 70,000 from interest and service fees on the same day.

3) On April 15, 2013, the Defendant lent KRW 90,000,00 to the Plaintiff on a yearly basis and on October 15, 2013, the Defendant paid KRW 85,940,000 remaining after deducting KRW 4,060,00 from interest and fees on the same day. 4) On May 31, 2013, the Defendant lent KRW 5,000,000 to the Plaintiff on a yearly basis, and without setting the due date, the Defendant paid KRW 4,750,000, which remains after deducting KRW 250,000 from interest and fees on the same day.

5) On August 24, 2013, the Defendant lent interest of KRW 45,00,00 to Plaintiff A at 30% per annum and the due date for payment. (b) In order to secure repayment of KRW 20,000,000 for loans on October 12, 2012 and KRW 90,000 for loans on April 15, 2013 and KRW 90,000 for loans on April 15, 2013, a notary public drafted a loan agreement of KRW 50 on April 15, 2013 for a creditor, main debtor, Plaintiff B, and joint and several sureties, Plaintiff B, loans of KRW 110,00,00 per annum, interest rate of KRW 30,00 per annum, and maturity of payment on October 15, 2013 (hereinafter “notarial deed”).

C. Plaintiff A’s repayment details: (a) KRW 10,130,00 on October 10, 2012; (b) KRW 700,00 on November 12, 2012; and (c) KRW 700,00 on December 15, 2013; (b) KRW 700,00 on January 15, 2013; (c) KRW 00,00 on March 12, 2013; and (c) KRW 00,00 on March 13, 2013; and (c) KRW 0,00 on March 12, 200; (c) KRW 70,000 on April 12, 2013; (d) KRW 30,460,000 on May 23, 2013; and (e) KRW 30,370 on May 3, 2013;

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