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(영문) 서울중앙지방법원 2020.11.27 2019가단5316314
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 103,000,000 as well as its full payment from February 14, 2020 to the day of full payment:

(b) the defendant.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff loaned total of KRW 58 million to Defendant B as indicated in the table below. Defendant C guaranteed the Defendant B’s obligation related to the loans listed in the table Nos. 1, and jointly guaranteed the Defendant B’s obligation related to the loans listed in the table Nos. 2.

The loan repayment period No. 1,200,000 won 1,000 won on February 26, 2018 and 10 million won on March 26, 2018, and KRW 1,000,000 on July 5, 2018, and the Plaintiff calculated the loan payment period No. 1,50,000 won on March 27, 2018 and returned the amount to Defendant 2,000,000 won on July 27, 2018 (the last day of October 27, 2018, KRW 1,200,000,000 to KRW 305,00,000 to KRW 1,000 on June 25, 2018; and the Plaintiff returned the amount to Defendant 2,05,000,000 won to Defendant 25,70,000 won on August 1, 2018.

Since then, the Plaintiff and Defendant B changed the time of return of the above KRW 25 million on April 30, 2019, and Defendant B agreed to return KRW 25 million until May 25, 2019, when confirming that the above transaction was not constituted on February 25, 2019.

(3) In August 2018 and September 2018, the Plaintiff delivered to Defendant B a total of KRW 20 million with Coin’s acquisition price. Defendant B agreed to return the said money without being listed as Coin on February 25, 2019, but the Coin did not list it.

(4) On April 25, 2018, the Plaintiff set the due date for payment of KRW 3 million to Defendant C and lent it as of November 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 9, purport of whole pleading

B. According to the above facts of determination, Defendant B shall pay to the Plaintiff KRW 13 million including (1) the total amount of loans, KRW 58 million, KRW 25 million, and KRW 20 million, and KRW 20 million, and delay damages.

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