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(영문) 춘천지방법원 2016.04.21 2015가단604

대여금 등

Text

1. The Plaintiff:

A. Defendant B: (a) KRW 25,000,000 and 20% per annum from February 9, 2015 to September 30, 2015;

Reasons

1. Determination on the claim for the borrowed amount

A. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence No. 3, Gap evidence No. 3, Gap evidence No. 4, and Eul evidence No. 5, the plaintiff can be acknowledged as having lent 25,000,000 won to defendant B on March 22, 2012, and there is no counter-proof.

B. As the Plaintiff, as to the claim against Defendant B, paid the interest of 24% per annum of the above borrowed amount to be paid one month, the Plaintiff is entitled to pay the interest of 25,00,000,000, the borrowed amount of KRW 25,000,000 per annum from March 22, 2012 to October 22, 2015, interest of 24% per annum of 21,50,000 ( KRW 5,000,000 per month X 46,50,000 per annum), and damages for delay at the interest rate of 20% per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment.

According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff KRW 25,000,000,000.

Next, with respect to the Plaintiff’s claim for interest at the rate of 24% per annum on 25,000,000 won, there is no evidence to prove that the Defendant paid the Plaintiff interest at the rate of 24% per annum on 25,00,000 won borrowed, and that the Defendant agreed to pay the Plaintiff the interest at the rate of 24% after a month, the Plaintiff’s assertion on this part is without merit.

Thus, Defendant B is obligated to pay to the Plaintiff 25,00,000 won with 20% per annum from February 9, 2015 to September 30, 2015, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, and 15% per annum from the next day to the day of full payment.

B. The Plaintiff filed a claim against Defendant C, as the representative director of the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), is the Defendant Co., Ltd., and the Defendant Co., Ltd. is one company. The Defendant B carries out all businesses of the Defendant Co., Ltd., and the Defendant B carries out business activities, such as managing funds under the name of the Defendant Co., Ltd. as necessary