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(영문) 수원지방법원성남지원 2015.06.16 2014가합202413

대여금

Text

1. The Defendant’s KRW 32,950,363 as well as the Plaintiff’s annual rate of KRW 8% from April 26, 2014 to June 16, 2015.

Reasons

1. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

The defendant operated the insurance agency "D" in Hanam-si, and requested the plaintiff to assist because of the lack of financial circumstances. Since June 2010, the plaintiff lent cash to the defendant or lent credit cards to the defendant.

On October 29, 201, the Plaintiff and the Defendant settled the amount of claims and obligations up to the time, and prepared a loan certificate of KRW 43 million (hereinafter “the first loan certificate of this case”). The amount loaned by a credit card concluded that the interest rate of 20% per annum, which is the overdue interest rate of the credit card, and the amount lent in cash shall be paid at the interest rate of 15% per annum, which is the overdue interest rate of the bank.

However, the Plaintiff and the Defendant agreed that the Defendant did not repay the borrowed money due to the first loan certificate of this case, and that the Plaintiff and the Defendant subscribed to the three accumulated insurance units in the name of the Plaintiff’s husband E (hereinafter “the insurance of this case”) and agreed to cover the borrowed money in the repayment of the borrowed money.

Meanwhile, the Defendant continued to borrow money from the Plaintiff, and the Plaintiff and the Defendant, from September 3, 2013 to September 3, 2013, concluded a separate loan certificate (hereinafter “the secondary loan certificate of this case”) with the amount of loan KRW 75 million, due date, and interest KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages from April 26, 2014, which is the day following the date on which the Defendant paid the last interest, to the Plaintiff KRW 76,935,00,000, which is the sum of KRW 41,065,000,000 obtained through the instant insurance contract, and KRW 75,00,000,000,000, which is the sum of KRW 1,935,000,000,000, which is calculated by deducting KRW 41,065,000,000 that the Plaintiff received through the instant insurance contract.

2. Determination feet, Gap No. 5.