beta
(영문) 서울북부지방법원 2016.09.07 2016가합21432

대여금

Text

1. The defendant 424,750,507 won and the plaintiff

(a) Of them, 191,60,000 won shall be from April 2, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant borrowed the Plaintiff’s husband’s KRW 181,60,000 in total,00,00 on July 31, 2014, KRW 10,000 on August 1, 2014, KRW 40,000 on October 1, 2014, KRW 10,000 on November 19, 2014, KRW 100,000 on November 19, 2014, KRW 23,000,000 on January 19, 2015, and KRW 5,600,000 on other business expenses, without any interest agreement.

(hereinafter “The first loan credit of this case”). B.

As between February 12, 2015 and C, the Defendant’s representative director D: (a) on February 11, 2015, the notary public drafted a notarial deed of monetary loan loan agreement No. 210 on May 20, 2015 with the purport that C has lent KRW 200,000 to D on February 11, 2015, at the interest rate of KRW 25,000 per annum; and (b) on May 20, 2015, C has agreed to deduct KRW 92,50,000 from D on January 9, 2015 (hereinafter “the second loan claim”); (c) the difference of KRW 6,000,000 and KRW 7,500 from the due date.

C. On February 12, 2015, the Defendant prepared and offered to C a certificate of borrowing KRW 381,60,000 in total amount of the claims listed in the above A and B (= KRW 13,000,000 in total of KRW 40,000,000 in total of KRW 100,000,000 in total of KRW 23,000,000 in total,00,000 in total of KRW 5,60,000 in total).

On December 8, 2015, the Plaintiff acquired the above credit from C, and notified the Defendant of the assignment of credit on behalf of C on January 13, 2016, and the above notification reached the Defendant at that time.

On March 3, 2015, the Plaintiff lent KRW 10,000 to the Defendant.

(hereinafter referred to as “third loan credit of this case”). E.

The F paid KRW 17,50,000,000 to the Defendant on March 19, 2015, after deducting KRW 2,500,000 from the prior interest on the same day, as the due date was set on April 20, 2015.

(hereinafter “instant fourth loan claim”). On December 8, 2015, the Plaintiff acquired the said claim from F on the acquisition of the said claim, and notified the Defendant of the assignment of the said claim on behalf of F on January 13, 2016, and the said notification reached the Defendant around that time.

F. G: (a) July 21, 2015, KRW 25,000,000 to the Defendant.