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(영문) 서울남부지방법원 2015.02.06 2014가단26341
대여금
Text

1. The Defendant’s KRW 40 million and its interest to the Plaintiff is 10% per annum from October 9, 2003 to June 25, 2014.

Reasons

1. Facts of recognition;

A. On October 8, 2003, the Plaintiff entered into a monetary loan agreement (hereinafter “instant agreement”) with the Defendant for lending KRW 40 million with interest rate of KRW 10 million at a 10% per annum between the Defendant and the Defendant (hereinafter “instant loan”). Around October 8, 2003, the Plaintiff leased the Defendant with KRW 40 million (hereinafter “instant loan”).

B. Around January 13, 2004, the Defendant drafted and delivered to the Plaintiff a loan certificate stating that the Plaintiff will repay the above KRW 40 million to the Plaintiff, including interest (10% per annum) (hereinafter “the loan certificate of this case”).

C. Meanwhile, on August 12, 2003, D, the Defendant’s wife, opened a singing practice room with the trade name “Csing room” in Geumcheon-gu Seoul, Geumcheon-gu, Seoul’s underground, but closed the practice room on September 14, 2004.

[Ground of recognition] Evidence Nos. 1 through 7, Evidence No. 2, Witness F's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the plaintiff's assertion, it is reasonable to view that the period during which the plaintiff's claim for the loan of this case against the defendant was due on September 14, 2004, which is the due date stipulated in the letter of loan of this case, arrives at the cessation date of business as of September 14, 2004. Thus, the defendant is obligated to pay to the plaintiff the interest or delay damages calculated at the rate of 10% per annum, which is the agreed rate from October 9, 2003 to June 25, 2014, the delivery date of the copy of the complaint of this case, and the delay damages calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the next day to the day of complete payment.

Therefore, the plaintiff's assertion is justified.

B. As to the Defendant’s assertion, the Defendant alleged illegal consideration 1) was the president of the Geumcheon-gu Seoul Metropolitan Government G reconstruction Association, and the Plaintiff’s representative director H entered into a construction contract with the Defendant, who is the head of the said association, with a total of KRW 14 billion with the 114 households around September 200, and the Plaintiff’s introduction cost KRW 100 million.

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