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(영문) 부산지방법원동부지원 2019.11.21 2019가합127

대여금

Text

1. As regards Defendant B’s KRW 300,000,000 and KRW 50,000,000 among the Plaintiff, Defendant B shall be KRW 250,000,00 from May 26, 2016.

Reasons

1. Facts of recognition;

A. On September 25, 2015, the Plaintiff lent KRW 50,000,00 to Defendant B (hereinafter “instant loan”) on a fixed basis as of September 25, 2016: (a) the due date for repayment was September 25, 2016; (b) the interest rate was 3%; and (c) the date for payment of interest was 25 days each month.

B. In addition, on December 23, 2015 and January 28, 2016, the Plaintiff loaned the total of KRW 250,000,000 to Defendant B (hereinafter “instant loan”) on the due date for repayment of January 28, 2017, interest monthly 3%, and interest payment date on the 28th day of each month.

[Based on recognition] between the plaintiff and the defendant B: The plaintiff, defendant C, and D: There is no dispute, Gap evidence No. 2, Gap evidence No. 4-1, 2, and Eul evidence No. 5, and the purport of the whole pleadings

2. According to the above facts finding as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 5% per annum from May 26, 2016 that the Plaintiff seeks with respect to KRW 300,000,000 among the loans of this case 1,2, and KRW 50,000,000 among the loans of this case 1,2, from May 26, 2016, and from May 29, 2016 that the Plaintiff seeks with respect to KRW 250,00,000,000, each of the two loans of this case from May 29, 2016 to November 21, 2019, each of which is the date of full payment, 5% per annum within the agreed interest rate and 12% per annum from the next day to the date of full payment.

3. Determination on the claim against Defendant C and D Co., Ltd.

A. The Plaintiff asserted that the Plaintiff would lend the instant loans from Defendant B to Defendant D Co., Ltd. to pay interest at a high rate. Upon Defendant B’s request, the Plaintiff transferred KRW 200,000,000 out of the loans to Defendant B to Defendant C’s account at the Defendant’s request. Defendant C transferred KRW 150,000,000 out of the amount of KRW 200,000,000, which was transferred to his own account as above. In light of these circumstances, the Plaintiff transferred KRW 200,000,000 out of the instant loans to Defendant D Co., Ltd., and the amount of KRW 2,00,00,000, out of the instant loans to Defendant B, C,150,000,000, respectively.