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(영문) 서울중앙지방법원 2014.12.18 2013가합56667
대여금
Text

1. The Plaintiff:

(a) Defendant B and D respectively KRW 4380,000,000;

B. Defendant E and each of the above Defendants A

The money set forth in the subsection.

Reasons

Recognizing the determination of the causes of each claim against Defendant B, D, and E, the Plaintiff joined three units of loans, which are the owner of the household, and entered into a loan agreement of KRW 52 million in total over 13 times each month from October 6, 201 to October 6, 2012; ② KRW 76 million in total over 19 times each month from October 16, 201 to April 2013; ③ from October 26, 2012 to February 26, 2013, the Plaintiff paid KRW 20 million in total up to KRW 4 million each month between Defendant B and KRW 4 million (hereinafter referred to as “loan”) and KRW 2.6 million each month; and from KRW 2.6 million each time between Defendant B and KRW 2.6 million each time, Defendant B failed to pay the loan amount of KRW 5 million up to 2.6 million each time.

(B) Defendant B’s debt under the quasi-loan agreement (hereinafter “first debt”). By June 18, 2012, the Plaintiff loaned Defendant B the total amount of KRW 150 million to Defendant B, KRW 16 million, KRW 30 million, and KRW 196 million.

(B) Around October 25, 2012, Defendant B agreed that Defendant B shall pay 3,100,000 won per month of the deposit amount of the Plaintiff’s accounts in 38 installments, where Defendant B did not pay 1220,500,000 won of the deposit amount of the Plaintiff’s accounts in lieu of the Plaintiff.

However, Defendant B paid 18.6 million won over six occasions, and did not pay the remainder of 9.2 million won (117.8 million won - 18.6 million won).

(A) Around December 2011, the Plaintiff loaned Defendant B with the loan of KRW 30 million,00,000 to Defendant B. Defendant B agreed to pay the principal and interest of the loan in installments in a way that the Plaintiff pays 2,760,000 won per month from December 30, 2012 to 14 times each month of the deposit of accounts in which the Plaintiff joined the Plaintiff instead of the Plaintiff.

However, Defendant B paid 1,650,000 won over six occasions, and the remainder 2,208.

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