beta
(영문) 서울남부지방법원 2015.10.06 2014가단4006

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 6,80,000 and the interest rate of KRW 18.99% per annum from January 9, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. B B is a lending adviser of the Plaintiff Company, and C is a direct and continuous commercial agent of B, who deals with the instant lending business.

D Rounded with the allowance and made contact to B first, and B had the customer who will receive the loan kept under the condition that C would pay the fee to D at the implied below the D.

The defendant wanted to obtain a loan from the plaintiff, and D knew this fact and has contacted the defendant first.

D introduced itself to the Defendant as an employee of the Plaintiff, and stated that a group of loans from the Plaintiff can be received from the Plaintiff and immediately repaid without the burden of reimbursement fees.

The defendant believed D's words as they are, made a currency over several occasions with D, B, etc. for a considerable period of time, and provided data necessary for the loans that he requested.

B. On January 9, 2013, the Plaintiff agreed to grant a loan of KRW 30,00,000 to the Defendant with interest rate of KRW 18.99% per annum, interest rate of KRW 28.99% per annum, and interest rate of KRW 36 months in equal installments (hereinafter “instant loan”) and transferred KRW 30,00,000 to the Defendant’s account.

C. After the loan, the Defendant transferred the amount of KRW 29,00,000 out of the above amount on January 9, 2013, 2013, which was immediately after deposit of KRW 30,000,000 to the Defendant’s account, to the Agricultural Cooperative account (the deposit account holder: Co., Ltd., Ltd., Softs, Account Number: 301-0120-7102-81) that was needed to convert the amount into the low interest loan.

After that, the defendant, who became aware that D was subject to fraud, notified the plaintiff of the fact of damage, and reported D to the Seoul Gangnam Police Station on January 15, 2013 as fraud.

D For the same year

7. 25. Public prosecution was suspended for reasons of unknown whereabouts.

[Ground of recognition] The entry of Gap evidence Nos. 1, Eul Nos. 7, 8, 12, 13, 14, and 15 (including serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Determination

(a) all the facts described in paragraph 1;