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(영문) 창원지방법원 2019.02.21 2017가합53586

대여금

Text

1. The Defendant: 12,00,000 won to Plaintiff A and 5% per annum from August 23, 2017 to February 21, 2019, respectively.

Reasons

1. Summary of the plaintiffs' assertion

A. The plaintiff A lent a total of KRW 175,30,000 to the defendant as shown in the following table 1, but the defendant paid only KRW 20,00,000 among them, and the plaintiff A paid the interest of KRW 35,751,607 on August 6, 2007 on behalf of the defendant, and the defendant is obligated to pay the remaining amount of KRW 15,30,000 among the above loans and the delay damages and the amount of the above interest.

[Attachment 1] The loan of KRW 100,00,000 for the loan of KRW 100,000 for the loan of August 6, 2007 and the loan of KRW 100,00,000 for the loan of KRW 100,000 for the loan of Plaintiff A and the loan of KRW 100,000 for the loan of KRW 10,000 for the loan of Plaintiff A was actually used by the Defendant.

On August 14, 2007, Plaintiff A paid 50,000,000 loans to the acquisition fund of H Co., Ltd. operated by the Defendant through Plaintiff B.

On August 31, 2008, the Defendant paid 10,000,000 won as a check to the Defendant on August 31, 2008.

On May 21, 2009, 4,000 won was remitted to the Defendant on May 21, 2009.

On June 18, 2009, the Defendant remitted KRW 3,300,000 to the J as designated by the Defendant in terms of the Plaintiff’s attorney’s fees, the Defendant’s wife, 3,300,000.

On December 22, 2009, 8,000,000 won was remitted to the defendant on December 22, 2009.

In 175,300,000 to June 6, 2007, the Defendant did not pay the interest on loans of KRW 100,000,000 to August 6, 2010, even though the Defendant paid the interest on loans of KRW 35,751,607, August 6, 2007, the Plaintiff paid the interest on loans of KRW 100,000 to the Defendant.

B. The Plaintiffs lent KRW 80,00,000 to the Defendant as listed in the table 2 below, and paid interest KRW 42,442,488 on behalf of the Defendant. As such, the Defendant is obligated to pay the above loans, delay damages, and the amount equivalent to the above interest.

[Attachment 2] The date of lending obligations to the plaintiffs / The type of bonds with interest-generating date (won) shall be the creditor.