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(영문) 수원지방법원 2015.05.19 2014가합2054

대여금

Text

1. Defendant B’s KRW 240,000,000 as well as 18% per annum from December 1, 2013 to May 19, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From 196 to Defendant B (hereinafter “instant system”), the Plaintiff joined several times. The instant system is ordinarily composed of 24 accounts, and the fraternity is paid in cash or by account transfer as of the end of every month for 24 months. The instant system is operated by the method of receiving KRW 10,000,000, which is the amount calculated by adding interest of 1.5% per month to the deposit amount paid by each party during the pertinent month.

B. Defendant B, instead of paying the fraternity to the fraternity, prepared and delivered a loan certificate with interest rate of 1.5% per the above month to the corresponding amount, and paid the relevant money, the above loan certificate is recovered, and if the said money is not paid, the new loan certificate is drawn up and issued.

Accordingly, Defendant B prepared a loan certificate of KRW 20,00,000 on December 30, 2008, KRW 100,000 on January 7, 2009, KRW 20,000 on April 30, 2009, KRW 50,000,000 on November 2, 2009, KRW 30,000 on May 30, 201, and KRW 45,00,000 on October 30, 201 (hereinafter “each loan certificate of this case”).

C. Since then, Defendant B paid to the Plaintiff the interest on each of the instant loans only until November 30, 2013. On January 29, 2014, Defendant B paid KRW 25,000,000 as the principal amount of the said loans, and KRW 25,00,000,000, in total, as the principal amount of the said loans. < Amended by Presidential Decree No. 25325, Feb. 5, 2014; Presidential Decree No. 25000, Feb. 18, 2014; Presidential Decree No. 25077, Feb. 18, 2014; Presidential Decree No.

[Reasons for Recognition] A, Evidence 1 through 6, evidence 1 through 2-1, evidence 2, evidence 3, evidence 5, evidence 8-1 through 4, evidence 9-1 through 4, evidence 10-1 through 4, evidence 11-1 through 3, evidence 12-1 through 19, evidence 13-1 through 13, evidence 14, evidence 15-1, evidence 16-2, evidence 19-2, evidence 19-2 through 5, evidence 20-2 through 5, evidence 24-3, evidence 4, evidence 5, evidence 8-1 through 10-3, respectively, and evidence 13-1 through 3, evidence 14, evidence 15-1, evidence 16-2, evidence 19-2, evidence 20-5, evidence 24-4, evidence 4, evidence 5, evidence 8-1 through 3, and evidence 1-3.