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(영문) 수원지방법원 2016.11.17 2015가단62193

대여금

Text

1. The Defendant: (a) from July 6, 2012 to the Plaintiff’s KRW 10,000,000 for the Plaintiff, and from July 6, 2012 to the Plaintiff’s KRW 10,00,000 for the Plaintiff B, and this shall apply thereto.

Reasons

1. Facts of recognition;

A. On July 6, 2012, Plaintiff A remitted KRW 10 million to the Defendant, and Plaintiff B remitted KRW 10 million to the Defendant on February 26, 2013.

B. The defendant from March 26, 2013 to the same year

8. By the end of 29.2, the Plaintiff transferred to the Plaintiff B a total of KRW 1,200,000 to four times in its own name, and transferred KRW 300,000 in its name.

C. E proposed to lend money to the Plaintiffs upon the request of the Defendant, and the Plaintiffs testified that the interest rate was 24% per annum while lending money to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, witness E's testimony, purport of whole pleadings

2. The following circumstances revealed by the above facts of recognition, ① the plaintiffs remitted money directly to the defendant's account; ② the defendant paid the interest amount (36% per annum, 300,000 won per annum) claimed by the plaintiff Eul; ③ the defendant merely transferred money to the defendant's account; ③ the defendant's statement in the evidence Nos. 1 and 2 submitted by the defendant is insufficient to recognize the existence of the defendant's claim against the defendant Eul; ④ The plaintiff stated that the defendant does not have the money to be paid to the defendant in this court, ④ on July 6, 2012, the plaintiff Eul set the amount of KRW 10,000 to the defendant as interest 24%, and the plaintiff F lent it to the defendant on February 26, 2013 as interest 36%, respectively.

Therefore, the Defendant is obligated to pay to Plaintiff A 10 million won with the interest rate of 24% per annum, which is the agreed interest rate from July 6, 2012 to the date of full payment. The Defendant is obligated to pay to Plaintiff B 10 million won with the interest rate of 24% per annum, which is the interest rate under Plaintiff B’s claim, within the agreed interest rate from August 27, 2013 to the date of full payment.

3. Conclusion, the plaintiffs' claim of this case is justified.