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(영문) 서울북부지방법원 2017.04.11 2016가단127531

기타(금전)

Text

1. Defendant E:

A. 52,350,00 won for Plaintiff A and 23,33,332 won for them:

B. Plaintiffs B, C, and D respectively 34,900.

Reasons

1. Facts of recognition;

A. On July 27, 2010, the network G (hereinafter “the network”) decided to grant a loan of KRW 100,000,000 to Defendant E by 2% per interest month, and on the same day, remitted KRW 100,000 to Defendant F’s account in the name of Defendant E (hereinafter “instant loan”).

B. After October 27, 201, Defendant E promised to repay the instant loan to the Deceased by November 4, 201, and around April 7, 2014, Defendant E repaid KRW 30,000,000 out of the principal of the loan to the Deceased.

C. The deceased G died on January 31, 2016, and there is Plaintiff B, C, and D, the spouse of the deceased.

On the other hand, Defendant E’s outstanding loan interest amounting to KRW 157,050,00 in total ( principal amounting to KRW 70,000,000) is KRW 157,050,000.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including additional number), the purport of the whole pleadings

2. Determination as to the claim against Defendant E

A. According to the above facts, Defendant E is obligated to pay damages calculated by the agreement rate of 24% for delay from April 27, 2016 to Plaintiff B, C, and D, respectively, with the amount of KRW 52,350,00 (the principal and interest on loans of KRW 157,050,000 x KRW 3/9,000 x less than KRW 3/9) and the amount of KRW 23,332 (the principal and interest on loans of KRW 70,000 x 3/9) and the amount of KRW 34,90,000 (the principal and interest on loans of KRW 157,050,000 x 2/9) and the amount of KRW 15,55,56 (the principal and interest on loans of KRW 70,000 x 2/9).

B. As to this, Defendant E proposed that the deceased should be appointed as a director of the company operated by Defendant E to serve consecutive terms of H and permitted the director to lend the instant loan, and thereafter, Defendant E disbursed KRW 15,000,000 to the deceased with additional payment of KRW 5,00,000 for the deceased, and with the printing expenses for the deceased. The Plaintiffs asserted that the Plaintiffs cannot claim for the return of interest or the remainder of the loan in return for their efforts as above.

Modern, Defendant E-.