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(영문) 서울북부지방법원 2019.11.28 2018고정1042
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who operates C (hereinafter “C”) with the aim of credit business, etc. on the level B and 1st, Namyang-si.

Any person who runs a credit business shall not receive interest exceeding the legal interest rate.

Nevertheless, on July 20, 2016, the Defendant prepared an agreement with the F Co., Ltd. F (hereinafter “F”) operated by E in a mutually cafeteria located in the wife population “D” (hereinafter “D”), and deposited money at a loan rate of 300 million won per annum by lending KRW 99,074,870 per annum from the following day to F Co., Ltd. in accordance with the said agreement by lending three parcels, such as the wife population H, which is a real estate to be purchased by F, and the creditor I and the creditor J and the creditor G Co., Ltd., which is the creditor J. and the creditor J., which is the creditor J. and the creditor J. and the creditor J., who is the creditor J. and the creditor’s creditor, to repay the debt and delinquent tax amount.

Accordingly, the Defendant loaned a loan exceeding the statutory limit interest rate.

2. The agreement concluded on July 20, 2016 by C with F, which was concluded by the Defendant on July 20, 2016 by C with F, is that F would pay KRW 1.3 billion to C when it is performed at C’s expense with repayment of the secured debt of the right to collateral security, cancellation of the registration of the establishment of the right to collateral security, cancellation of the seizure of the instant real estate, revocation of the decision of voluntary auction, etc

According to this, C’s agreed amount of KRW 1.3 billion to be paid from F is a cost required for the performance of follow-up benefits, and the amount is not determined at the time of the above agreement, and it is not an uncertain obligation.

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