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(영문) 서울중앙지방법원 2016.11.08 2015가단172801

대여금 등

Text

1. As regards Defendant B’s KRW 45,00,000 and KRW 40,000 among them, Defendant B shall be from June 15, 2012 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, while working together as a cleaning service provider of the same company, have engaged in money transactions for a long time. Defendant B, “The Plaintiff and Defendant B, on June 14, 2012, lent 40 million won in cash to the Plaintiff on June 14, 2012,” is “the loan certificate of this case.”

(B) The Plaintiff and Defendant B made an oral agreement with the Plaintiff to have 2% per month interest on the above loan. B. Defendant B operated the number system as a fraternity, but the Plaintiff was admitted to the above number system as a member of the fraternity. Around December 2013, the Plaintiff agreed to receive the time limit deposit, Defendant B paid KRW 5 million in lieu of the time limit deposit amount, and paid the remainder later. C. Defendant C is the husband of Defendant B. [In the absence of dispute over the grounds for recognition, the entries in subparagraphs 1 and 2, and the purport of the entire pleadings.]

2. Determination as to the claim against the defendant B

A. According to the above determination as to the cause of claim, with respect to the Plaintiff’s total amount of KRW 45,00,000,000 and the loan amount of KRW 40,000,00 among the loan amounts, Defendant B is obligated to pay the Plaintiff delay damages at the rate of 24% per annum, which is the agreement that the Plaintiff seeks from June 15, 2012 to the date of full payment (it does not dispute Defendant B with respect to the agreed rate of KRW 2% per month claimed by the Plaintiff), and from January 1, 2014 to October 26, 2015, which is the delivery date of a copy of the complaint of this case, 5,00,000,000, which is the interest rate of KRW 15% per annum as stipulated in the Civil Act, and from the next day to the date of full payment, 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

B. Determination as to Defendant B’s assertion (1) Recognizing that Defendant B’s claim against the time limit deposit payable, Defendant B’s assertion constitutes a written answer from December 31, 2015 with respect to the loan amount of KRW 40 million as indicated in the instant loan certificate.