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(영문) 부산지방법원 2017.01.18 2015가합4453

편취금

Text

1. The Defendant’s KRW 66,326,052 as well as the Plaintiff’s KRW 5% per annum from June 3, 2015 to January 18, 2017.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s money transaction 1) On July 2014, 2014, the Plaintiff loaned money to the Defendant on the first instanceman’s post to a person who is unable to file an application for individual rehabilitation due to lack of money while handling the individual rehabilitation at the certified judicial scrivener office where he works in the Republic of Korea, and collected fees with the principal within the short period of two to three days after receipt of the application, and seven to ten days after receipt of the application. If the Plaintiff borrowed money, he/she was requested to “a delivery of money in return for the reduction of interest at interest.” From July 15, 2014 to November 28, 2014, the Plaintiff loaned KRW 3,450,210,000 in total (hereinafter “the instant loan”).

(2) From July 16, 2014 to November 28, 2014, the Defendant paid the Plaintiff KRW 2,819,610,000,00 in total, as indicated in the “money” column of the attached Table 1, under the pretext of repayment.

B. On December 11, 2014, the Defendant: (a) borrowed KRW 871,00,000,000 of the principal from the Plaintiff on August 1, 2014; (b) would be liable for civil and criminal liability when the loan is unable to be repaid; and (c) prepared and awarded the loan certificate stating that “A; hereinafter the same shall apply)” to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the settlement agreement was made by the loan certificate of this case and sought payment of KRW 871,00,000 on the basis of that agreement.

In regard to this, the defendant denied the settlement of accounts, and only 51,319,062 won (=617,600,000 - 106,208,938 won) is to be paid from the loan 3,437,210,00 won for the defendant's assertion - 2,819,610,000 won for the repayment without dispute - 106,208,938 won which the defendant paid to the plaintiff over the maximum interest rate under the Interest Limitation Act, which should be appropriated for the original principal (=617,60,000 - 106,208,938 won).

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