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(영문) 서울동부지방법원 2018.07.06 2017가단119784

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 51,958,846 per annum and 25% per annum from February 20, 2016 to the date of full payment.

Reasons

1. Basic facts

A. From August 2013, when the Defendant extended money to Nonparty C from August 2013, the Defendant continued to engage in monetary transactions from 4% to 20% interest per month from C, and paid to Nonparty D and E money under the pretext of interest by raising money from her mother D, Dong E, etc. as well as by raising money from her mother D, Dong E, etc. and sending it to C.

B. The Plaintiff, upon hearing that the Defendant would have been able to receive interest at a high rate of 6% per month from the Defendant, wired KRW 11,00,000 on July 17, 2015, and ② July 26, 2015 to the Defendant’s account. ③ On August 19, 2015, the Plaintiff remitted KRW 10,000,000 to the Defendant’s account known to the Defendant, and ④ on December 10, 2015, remitted KRW 30,000 to the Defendant’s account by receiving interest at a rate of 5% per month.

C. From September 17, 2015 to February 19, 2016, the Defendant paid the Plaintiff money in the name of interest as indicated in the following table.

Serial 1, 17 September 17, 2015 under the name of the interest paid on the date of transaction (1) KRW 2,400,00 (1), KRW 6% interest on the amount of KRW 6% per month, KRW 1,800,000 on KRW 1,800 on October 19, 2015, ② KRW 6% interest on KRW 1,800 on the amount of KRW 30,000 on November 16, 2015, KRW 0, KRW 10,000 on KRW 1,00 on KRW 5,00, KRW 2,00 on KRW 1,50, KRW 10 on the amount of KRW 5% on the amount, KRW 1,80 on the interest on KRW 1,00 on the amount, KRW 1,00 on each 6% interest on KRW 5% on the amount, KRW 10,000 on KRW 16,00 on the amount.

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned has lent money to the defendant to guarantee that the defendant has a high interest of 6% per month when he/she lends money, but the defendant has lent money from the plaintiff.