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(영문) 서울중앙지방법원 2015.12.23 2015가합546164

대여금

Text

1. Defendant B shall pay to the Plaintiff the amount of KRW 198,353,433 and the amount of KRW 183,638,492 from October 28, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating “D”, and Defendant C is a person who served as a psychological consultant in the foregoing D operated by the Plaintiff from around 2007 to July 2015, and Defendant B is the birth of Defendant C.

B. From July 30, 2007 to May 7, 2011, the Plaintiff lent a total of KRW 343,803,000 to Defendant B on a 31 occasion, as indicated in the “loan Amount” column in attached Table 1, and from August 30, 2007 to October 27, 2011, the Plaintiff paid KRW 2 million to Defendant B on behalf of the Defendant.

A total of KRW 258,627,880 in the attached Form 1, as stated in the “amount of repayment”, was paid in total on 53 occasions.

C. In addition, from December 20, 2007 to October 22, 2010, the Plaintiff lent a total of KRW 37 million to Defendant C at zero (5) times, as indicated in the “loan Amount” column in the attached Form 2, as stated in the “Loan Amount” column. From July 14, 2010 to October 27, 201, the Plaintiff received repayment of the total amount of the loan from Defendant C at least five (5) times in total, as indicated in the “Deposit Amount” column in the attached Form 2 from July 14, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 to 3, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff loaned total of KRW 343,803,00 to Defendant B from July 30, 2007 to May 7, 2011 under Defendant C’s joint and several sureties. In the above process of lending money, Defendant B agreed to pay to the Plaintiff interest at a rate of 36% per annum with respect to loans made before September 2007, and 24% per annum with respect to loans made after October 207.

B. From August 30, 2007 to October 27, 2011, the Plaintiff received a total of KRW 258,627,880 from Defendant B. If the Plaintiff appropriated the amount paid as above for the Plaintiff’s loans, the Plaintiff’s principal and interest of KRW 236,963,646 remain as of October 27, 201, which is the final repayment date.

C. Therefore, the Defendants are jointly and severally.