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(영문) 의정부지방법원 2016.08.31 2014가합9592

대여금

Text

1. On November 27, 2014, from November 27, 2014 to August 31, 2016, the Defendant (Counterclaim Plaintiff) B, as well as the Plaintiff (Counterclaim Plaintiff)’s KRW 197,00,000.

Reasons

1. The parties' assertion

A. The Plaintiff becomes aware of the Defendants who had been engaged in the mobile phone sales business on early 2012, and around that time, the Plaintiff lent money to Defendant B several times from August 11, 2014.

Since Defendant B did not repay the total amount of KRW 207,00,000 among the loans indicated below, Defendant B is obligated to pay that amount to the Plaintiff.

In addition, on December 26, 2013, the Plaintiff leased KRW 10,000,00 to Defendant C, who is the husband of Defendant B, as of June 26, 2014, with the due date set as of June 26, 2014. As such, Defendant C has the obligation to pay to the Plaintiff.

Serial 10,00,00 . 0. 10. 10 January 10, 2014: 20. 20,000 ; 10,000 ; 10,000 ; 20. 10,000 ; 20. 10,000 ; 3. 10,000 ; 10,000 ; 4. 10,00 ; 20. 4. 10,00 ; 10. 4. 10,00 ; 10. 4. 10,00 ; 4. 10,00 ; 10. 4. 10,00 ; 10. 4. 10,00 ; 20. 4. 5, 2010 ;

B. The Plaintiff leased money to Defendant B, received 10% interest on the loan on a three to ten-day basis, deducted excessive interest, and if the said Defendant failed to pay the principal and interest in a timely manner, received a loan certificate for the principal and interest.

The loan sought by the Plaintiff as the principal lawsuit of this case was received by including the interest and unpaid interest as above, and a considerable portion of the loan was repaid through the same method.

The amount actually not paid by Defendant B to the Plaintiff is KRW 160,000,000, including the amount of KRW 10,000,000, in the name of Defendant C.

In addition, advance interest and interest paid after deduction by the plaintiff.