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(영문) 의정부지방법원고양지원 2015.08.21 2014가합9076

대여금

Text

1. The defendant shall pay to the plaintiff KRW 240,00,000 and KRW 100,000 among them, from October 25, 2013 to the date of full payment.

Reasons

1. Basic facts

A. From August 1985, the Plaintiff and the Defendant are the same as those who worked in the same company.

B. On February 25, 2008, the Plaintiff remitted to the Defendant’s account KRW 100 million (hereinafter “the instant primary payment”) and KRW 140 million on February 8, 2013 (hereinafter “the instant secondary payment”). In addition, the Plaintiff also remitted KRW 100 million on October 24, 2007 to the Defendant’s account, and KRW 240 million on November 1, 2010.

C. On March 28, 2009, the Defendant paid to the Plaintiff KRW 100 million each with each of KRW 50 million on the 29th of the same month, and KRW 150 million each on December 5, 201 and January 11, 2012, respectively, KRW 300 million each, and further, paid KRW 2 million per month or KRW 4 million to the Plaintiff.

Specifically, the date and amount of payment of the money paid by both the plaintiff and the defendant to the other party are as shown in the attached Table.

E. From October 2013, the Defendant was under contact with C, which is one of its investment sources, and C, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., in order for C to take money as an executive officer or employee of the securities company, the Defendant was prosecuted on the charge of receiving money from investors, including the Defendant, under the pretext of investment, by soliciting investment to guarantee the principal and to give high interest, and thereby, taking money into account as investment funds. It is pending in the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. As to the first payment of the instant case, the Plaintiff paid interest to the Defendant at 20% per annum on the last day of each month (However, it shall be paid from February 2008 to November every year; however, it shall not be determined separately, but if the Plaintiff requests repayment, it shall be determined that the repayment shall be made as soon as possible, and the interest shall be paid up until October 24, 201.