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(영문) 서울중앙지방법원 2015.06.23 2015가합8471
대여금반환
Text

1. As to KRW 386,675,190 and KRW 220,00,00 among them, the Defendant shall pay to the Plaintiff KRW 386,675,190 from November 16, 2014 to February 9, 2015.

Reasons

1. As to the cause of claim

A. Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1 and 2, the plaintiff transferred a total of KRW 220,000,000 to C on or around December 2009. On March 15, 2010, C, the defendant, etc. and "C shall pay the plaintiff a total of KRW 220,000,000 to the plaintiff as of July 15, 2010, and shall be determined as of July 15, 2010, with the interest rate of KRW 70,000,000, and KRW 70,000,000 on June 15, 2010, and the interest rate of KRW 80,00,000 on July 15, 201, and shall be determined as the annual interest rate of KRW 15,000 for the plaintiff (the above contract interest rate of KRW 128,00,000).

B. According to the above facts, the instant contract constitutes a quasi-loan contract under which the Plaintiff previously paid KRW 220,000,000 to C for the purpose of a loan for consumption, and the Defendant is obligated to pay the principal and interest of the loan to the Plaintiff as a guarantor under the instant contract, barring any special circumstance.

C. Meanwhile, the Plaintiff received reimbursement of KRW 16,00,000 from C on June 15, 2012; KRW 2,000,000 on September 10, 2012; KRW 5,000,000 on December 31, 2013; KRW 5,000,000 on January 29, 2014; and KRW 16,000,000 on August 29, 2014; KRW 16,00,00,000 on a total amount of interest and interest accrued until the relevant repayment period; KRW 174,212,725 on a total amount of interest accrued until the relevant repayment period; KRW 16,00,00,000 on a deposit basis; KRW 16,000 on a deposit basis; KRW 176,00 on a deposit basis; KRW 16,50,725,196 on a deposit basis.

20,00,000 x [151/365 (from February 15, 2010 to July 15, 2010) x 0.12 x 0.12 x 921,921,643 2.20,00 x 136/366 (from July 16, 2010 to June 15, 2012) x 0.18 x 75,954,098, 200,000 x 136/366 (from July 15, 2010 to June 15, 200) x

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