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Reasons
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(영문) 인천지방법원 부천지원 2018.04.20 2017가단114186
대여금
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1. The Defendant shall pay to the Plaintiff KRW 36,285,139 and a rate of KRW 25% per annum from September 8, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On May 8, 2017, the Plaintiff: (a) borrowed KRW 20,000,000 from the Overseas Savings Bank Co., Ltd. on May 8, 2022, by means of equal repayment of principal and interest on May 8, 202 on the expiration date of the loan; (b) KRW 3,000,000 from the Overseas Savings Bank Co., Ltd. on May 8, 2020, in the form of 36-month installments of principal and interest on May 8, 2020; (c) 3,00,000,000 from the International Loan Co., Ltd. on May 8, 2022, from the expiration date by means of free repayment; and (d) borrowed KRW 10,00,000,000 from the Overseas Loan Co., Ltd. on May 8, 202, with interest on each of the expiration date on May 27, 2002.

B. Of the above loans, the Plaintiff paid KRW 20 million to C on May 8, 2017, and remitted KRW 1,600,000 to the Defendant’s name D, and the same year.

5. On 15.15. 16,300,000 won paid to the Defendant’s creditor-based limited company specializing in EPS (=1,600,000 won) and lent to the Defendant a total of KRW 17,900,000 (16,300,000).

C. The Defendant from June 2, 2017 to the same year.

8. By December 21, 200, the Plaintiff paid the Plaintiff KRW 4,264,00 in total with the amount indicated in the column of the date indicated in the attached Table of Appropriation for Performance.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 3-6, 9-12, the purport of the whole pleadings

2. The assertion and judgment

A. In light of the above facts acknowledged and the overall purport of the pleadings in evidence Nos. 5, 6, 9, 11 and 12, the Plaintiff’s 1,60,000 won on May 8, 2017, and the same year

5. Recognizing that 16,300,000 won was leased to the Defendant at 27.9% per annum for each interest, and if the Plaintiff paid 20,000,000 won to C as requested by the Defendant on May 8, 2017, and lent it to the Defendant at 27.9% per annum for interest, it is recognized that the evidence of 22,30,000 won was insufficient to reverse the recognition and there is no other counter-proof.

Therefore, the defendant 37,900,000 = 1,600,000 = 16,300,000,000 to the plaintiff.

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