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(영문) 인천지방법원 2018.02.02 2017가단210937 (1)
대여금
Text

1. Defendant B’s interest 22,00,000 and interest 27.9% per annum from February 23, 2017 to the date of full payment. 10,000.

Reasons

1. Claim against the defendant B

A. (i) Defendant B borrowed the acquisition price to the Plaintiff while acquiring the E sales outlet within D points.

B. On February 22, 2017, the Plaintiff borrowed 10,000,000 won from F to F, 7,000,000 won from G on the same day, and 10,000,000 won from OK Savings Bank on February 24, 2017, and lent the said money to Defendant B.

(E) Each loan interest rate is 27.9%). In addition, on February 22, 2017, the Plaintiff borrowed 1 million won to Defendant B with cash services and 6,000,000 won with money owned by the Plaintiff on February 23, 2017.

Defendant B, around February 24, 2017, up to March 4, 2017, the Plaintiff paid the entire amount of the loan (including the entire amount of the loan) to the Plaintiff and, at the time of the unpaid payment, made up a loan certificate stating that the Plaintiff will transfer the entire amount of the loan to the Plaintiff.

x) Meanwhile, Defendant B was prosecuted by acquiring money by the above means from the Plaintiff, etc.

(v) Accordingly, Defendant B is obligated to pay to the Plaintiff interest at the rate of 22 million won (F 15 million won G 7 million won) and interest at the rate of 27.9% per annum from February 23, 2017, the following day of the loan, to the Plaintiff; interest at the rate of 27.9% per annum from February 25, 2017, the next day of the loan to the day of full payment; interest at the rate of 27.9% per annum from February 25, 2017, and seven million won (one million won as of February 22, 2017, KRW 6 million); and interest at the rate of 5% per annum from April 12, 2017, after the delivery of a copy of the complaint of this case, to the Plaintiff.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

2. Claim against Defendant C

A. The Plaintiff’s assertion that Defendant B is a female-friendly Gu and partner, and the Defendant C wired money to the head of the Tong in the name of the Defendant C, and the Plaintiff acquired the money by remitting the loan to the head of the Tong C.

Defendant C is the head of Tong to Defendant B.

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