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(영문) 서울남부지방법원 2020.10.16 2019나60477

대여금반환

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. For a period from October 25, 2013 to June 25, 2015, the Plaintiff operated an order of KRW 500,000 per unit (or KRW 100,000 per unit (or KRW 100,000,000,000 by adding up the interest accrued each month from the following month after the receipt of an order without making payment during the month in which an order is received; hereinafter the same shall apply) and KRW 10,000,000 (or KRW 10,000,000,000 per month by adding the interest accrued each month; hereinafter the same shall apply) (hereinafter referred to as “Class 1”).

Five old units of the first world were joined in the name of the defendant, and five old units were joined in the name of his wife C.

In the case of delinquency in the payment of the accounts from the old accounts subscribed in the name of the defendant or C, the plaintiff deducted the total amount of the amounts in arrears from the amounts in arrears to the accounts in the name of the defendant or C and paid the amount of the accounts.

At the time of the termination of the first fraternity, the payment of the accounts in arrears in the old account joined in the name of the defendant and C is a total of 30 million won.

B. From March 10, 2014 to November 10, 2015, the Plaintiff operated the said system (hereinafter “second system”).

The four old units of the second world were each subscribed in the name of the defendant, and the eight old units were subscribed in the name of C.

In the case of the second limit, as in the case of the first limit, where the deposit amount is overdue in the old account opened in the name of the defendant and C, the plaintiff deducted the total amount of the deposit amount in arrears from the deposit amount to the account in the name of the defendant or C, and paid the deposit amount.

At the end of the Second Limit, the sum of the amounts paid in arrears in the old accounts joined in the name of the defendant and C is KRW 67.2 million.

C. C was organized by the Plaintiff around July 25, 2015 for the repayment of the said arrears amount, and joined six old accounts of the sequences operated by the Plaintiff as above for 21 months until March 25, 2017 (hereinafter “third party”) (hereinafter “third party”).

The Plaintiff is in arrears with C among the sum of KRW 97,20,000 ( KRW 30,000 and KRW 67,200,00) in the old accounts joined in the name of the Defendant and C at the first and second levels (hereinafter referred to as “instant accounts”).