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(영문) 춘천지방법원 2015.06.10 2014가합932

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 150,000,000 won and the period from July 20, 2013 to June 10, 2015.

Reasons

1. Basic facts

A. On May 2009, Defendant B registered his business with the trade name “E” in Gangwonwon D, and Defendant C is the wife of Defendant B.

B. From October 20, 2006 to April 30, 2013, the Plaintiff made a loan to Defendant C with money transaction, and received principal and interest as stated in the attached Form.

C. Around June 5, 2013, Defendant C prepared a loan certificate recognizing that “Defendant C borrowed KRW 150,000,000 from the Plaintiff as E business funds.” In other words, around July 20, 2013, KRW 90,000 out of KRW 150,000,000 borrowed as business funds from the Plaintiff, “F (E appears to be a clerical error)” was immediately repaid as 10,000,00, G apartment 106, 100,000, out of the remainder of KRW 60,00,000,000, out of the remainder of KRW 30,00,000,00 shall be repaid on July 30, 2014, and the remainder of KRW 30,00,000 shall be repaid on July 30, 2015, and the principal and interest rate of KRW 18,00,000 shall be repaid at each interest rate.”

[Reasons for Recognition] The absence of dispute, Gap evidence Nos. 1 and 2 (including the relevant number), witness H's testimony, response to each order to submit financial transaction information to the new bank, Nong Bank Co., Ltd., and the purport of all pleadings

2. Determination as to Defendant C’s obligation to pay agreed amount

A. The Plaintiff agreed to the interest rate of 30,00,00 won per annum in monetary transactions between the Plaintiff and the Defendant C, and accordingly, the principal would remain in excess of 150,786,356 won, and the interest would remain in excess of 28,786,356 won. However, on July 20, 2013, Defendant C claimed only the amount under the agreement that Defendant C would be repaid on or around July 20, 2013. As such, Defendant C did not agree with the Plaintiff on the interest rate, and thus, Defendant C applied 6% per annum, which is the statutory commercial interest rate, and if so, Defendant C should recover part of the money from the Plaintiff.

B. Therefore, Defendant C shall be liable to the Plaintiff.