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(영문) 인천지방법원부천지원 2015.11.13 2014가합4940

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 18,821,508 and the interest rate thereon from July 25, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The relationship D between the parties is the husband of the plaintiff and the husband of the defendant B.

Defendant C is Defendant B and E’s husband, and F is Defendant B and E’s fraud.

B. The Plaintiff between the Plaintiff and the Defendants lent money to Defendant B at an annual interest rate exceeding 30% from May 22, 2008 to September 9, 2011, as shown in Appendix 1 Nos. 18 to 153, and the Defendant B paid money from May 23, 2008 to March 13, 2012 as indicated in Appendix 1 No. 19 to 166.

C. On November 15, 201, the Plaintiff and Defendant B entered into a joint and several surety contract with the Plaintiff and Defendant B, with the purport that they are liable for 260 million won to the Plaintiff (hereinafter “instant invoice”). On November 28, 2011, the Plaintiff and the Defendants entered into a joint and several surety contract with the effect that Defendant C is jointly and severally and severally liable for the said loan obligations at an annual interest rate of 24% (hereinafter “instant joint and several surety contract”).

[Ground of recognition] The fact that there is no dispute, entry in Gap's evidence Nos. 1, 2, 8, 9, 13, Eul evidence Nos. 1, 3, and 5 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion ① The amount of the loan and the amount of the repayment indicated in Nos. 1 1 through 17 is the amount of the loan and the amount of the repayment that the Plaintiff lent to E and that the Plaintiff repaid to E., and the amount of the repayment indicated in No. 2014Gahap10389. The amount of the repayment indicated in No. 167 through No. 176 of the attached Table No. 2014, No. 204735 of the Seoul High Court, as the repayment amount with respect to the money borrowed by F from the Plaintiff, is related to the case No. 2014 or 204735 of the instant loan and the repayment amount. 2. 30% interest and the annual interest rate under the Interest Limitation Act based on the same loan and the repayment amount as indicated in No. 18 through 16 of the attached Table No. 1.

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