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(영문) 수원지방법원 성남지원 2018.12.19 2017가단217167
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 135 million and the amount of KRW 100 million from July 14, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff received a proposal from the Defendant that “if 100 million won is leased, 10 million won will be paid monthly interest,” and lent a total of KRW 100 million to the Defendant on August 23, 2013 and KRW 50 million on August 24, 2013, respectively. On August 26, 2013, the Defendant prepared a loan certificate with respect to the said KRW 100 million to the Plaintiff, but the period of repayment is not specified in the loan certificate.

B. Upon receiving a request from the Defendant to lend KRW 60 million from the Defendant, the Plaintiff leased KRW 60 million in total to the Defendant on October 7, 2015, by transferring KRW 50 million and KRW 10 million on the eight day of the same month, respectively.

C. On July 29, 2016 to February 2, 2017, the Defendant paid a total of KRW 25 million with respect to the loans of KRW 60 million, and on April 6, 2017, the Defendant drafted an agreement on a monetary loan for consumption with the effect that the remainder of KRW 35 million would be at the interest rate of KRW 1% per month to the Plaintiff until May 8, 2017.

However, on May 8, 2017, the Defendant failed to repay the above KRW 35 million, and the Plaintiff extended the repayment period to the extent of one week.

[Reasons for Recognition] Each entry of Gap 1 through 5 (including each number), the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the defendant is obligated to pay to the plaintiff the total amount of KRW 135 million and the total amount of KRW 100 million, and (1) as to the above KRW 100 million, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from July 14, 2017 to the date of the plaintiff's claim for performance, and (2) as to KRW 35 million from May 31, 2017 to July 13, 2017, when the original copy of the instant payment order was delivered to the defendant, 5% per annum as stipulated in the Civil Act and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

If so, the plaintiff.

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