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(영문) 대구지방법원경주지원 2015.01.16 2014가단10109

대여금

Text

1. The defendant shall pay to the plaintiff KRW 27,80,000 as well as KRW 5,00,000 among them, from May 24, 201 to the day of full payment.

Reasons

1. Basic facts

A. On February 24, 201, the Plaintiff: (a) decided to lend KRW 5,700,000 to the Defendant with interest rate of KRW 3% per month and three months after the repayment due date (hereinafter “instant loan”); (b) transferred KRW 4,700,000 to the Defendant’s account of Nonparty C, a child of the Defendant; and (c) paid KRW 300,000 to Nonparty D’s insurance premium on February 25, 201.

However, the Defendant only paid interest on the instant loan by May 23, 201, and did not pay the principal and the remainder of interest.

B. On March 3, 2011, the Plaintiff additionally lent KRW 20,000,000 to the Defendant (i.e., transfer to the account) (i., the Defendant agreed to pay KRW 20,000,000 to the two parts of the 10,000 foot number system that the Plaintiff would begin immediately, thereby joining the two parts of the 10,000 foot number system.

Since then, the Defendant joined two units of 10,000,000 foot serial system (hereinafter “instant number system”) (1,150,000 won per month) and three (1,130,000 won per month) (1,130,000 won per month) which began from April 201, and repaid 10,000 won per two old accounts to the Plaintiff around May 201, and paid 3 old accounts to the Plaintiff around June 201.

On the other hand, the number fraternity of this case ends on April 2012, 13 months, and each member of the fraternity does not pay the said fraternity monthly payment in the month in which he/she gets out of the said fraternity. Thus, the defendant, even though he/she is required to pay the said fraternity 12 times in total, he/she only paid the monthly payment in April 201 and June 201 of the same year, and did not thereafter pay the fraternity (as of May 201, 201, the Defendant did not pay the fraternity (as of May, 201, the said fraternity was the month in which the Defendant got out of the said fraternity, and the monthly payment was not made in April 4, 201 and May 7, 2011).

(6) On June 201, 201, the defendant did not pay monthly payment as the month in which the money in question was transferred to another party (which is the basis for recognition). (No dispute exists, and Nos. (1) through (3).