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(영문) 제주지방법원 2016.11.15 2016가단6643

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 24% per annum from June 26, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff deposited the Defendant’s account, KRW 50 million on November 21, 2012, and KRW 50 million on December 26, 2012, respectively.

B. The Defendant deposited the Plaintiff’s account, KRW 1 million on November 22, 2012, KRW 1 million on December 24, 2012, KRW 1 million on December 27, 2012, KRW 200,000 on January 24, 2013, KRW 200,000 on February 25, 2013, KRW 200,000 on March 25, 2013, KRW 200,000 on April 24, 2013, and KRW 13 million on June 10, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 100,000,000 to the Defendant on November 21, 2012, and KRW 50,000,000 to the Defendant on December 26, 2012, KRW 100,000 due date until May 25, 2013, and KRW 2% per interest month.

The Defendant merely paid a total of KRW 13 million interest and did not pay principal and delay damages. The Defendant claimed against the Defendant for the payment of the agreed damages on June 26, 2013 (the aforementioned KRW 13 million was appropriated for the interest during the six-month period from June 25, 2013).

B. The defendant's assertion does not allow the plaintiff to borrow money directly from the plaintiff.

The defendant introduced C to the plaintiff, and the plaintiff lent C money to C through the defendant, and the interest is also paid by C through the defendant.

3. The following circumstances, which can be seen by comprehensively taking into account whether a KRW 100 million deposited by the plaintiff to the defendant is a loan to the defendant, whether a loan to the defendant is a loan to the defendant, whether a loan to the defendant is a health care room, Gap evidence 2, Eul evidence 3 through 7 (including each number), and the whole purport of arguments, namely, the defendant separately lent KRW 150 million to C. When the defendant did not receive money from C, 250 million including the plaintiff's amount of KRW 100 million, and the defendant submitted a written complaint to the defendant at an amount of damage, and the agreement between C and the defendant on the above KRW 250 million was stated as KRW 3% per month, and the defendant received money from the plaintiff twice as above.