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(영문) 서울남부지방법원 2015.12.15 2014가단41494

대여금

Text

1. As to KRW 403,326,896 and KRW 345,00,000 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from August 7, 2014 to September 30, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the ground for the claim Gap's evidence Nos. 1 and 4, the court below determined that the plaintiff paid 345,00,000 won on September 15, 2010 to the defendant on September 15, 2015, 4.7% of the rate CD circulation rate, interest shall be paid every month, and interest shall be lost at the time of delay in one month, and the interest shall be paid every month. The defendant's interest on the above loan shall be lost due interest on August 17, 2013; interest accrued until August 6, 2014; interest accrued from August 5, 2014; interest accrued from August 6, 2014; interest accrued from 58,326,896 won; and barring any special circumstance, the defendant is obligated to pay 30% of the principal and interest accrued from 300,000,000 won to 205.36,05% of the interest accrued interest accrued from 205.30.4.1.

(The interest rate on delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was reduced to 20% per annum from October 1, 2015 to 15% per annum. 2. The Defendant, in collusion with F, the Plaintiff’s employees in charge of loan, received the amount equivalent to 10% of the loan amount from F, and illegally received 10% of the loan amount from F. The Seoul Gangseo-gu Seoul Metropolitan Government ground church building, which was offered as security, was subject to the exercise of other’s right of retention, was changed from a church to the name of the Defendant and H even though the value of the loan was low, and was evaluated as excessive value of the loan from F, H, and I as if it did not exercise the right of retention for the above security, and then, was evaluated as excessive value of the loan from the Defendant under the name of the Plaintiff who was aware of this fact.