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(영문) 서울중앙지방법원 2020.02.19 2018나16538
대여금
Text

1. Of the judgment of the first instance, the part against the defendant, including the plaintiff's claim extended by this court, is as follows.

Reasons

1. Basic facts

A. From around 2009 to December 2012, 2014, the Plaintiff and the Defendant have made a transaction of exchanging more than 10 cash and accounts under various names, such as the principal and interest of each other’s lending from around 2009 to December 201.

B. The Plaintiff became the transferor, and operated the 36-year system from December 20, 2010 to November 20, 2013 (hereinafter “instant system”), and the Defendant subscribed to the instant system 15 units.

C. The instant accounts were paid in KRW 300,000 per unit on the 20th day of each month, but the said accounts were exempted from KRW 300,000,000 per unit in the sequences in which the said accounts were set up by the method of receiving KRW 10,000,000 by the sequences in which the said accounts were set up.

The members of the instant fraternity consisting of the Plaintiff (6) and the Defendant (15 Gu Units), Nonparty Q (3 Gu Units), R (2 Gu Units), S (2 Gu Units), S (9 Gu Units), U (1 Gu Units). There were six totals (36 Gu Units).

The defendant should pay 4.5 million won per month (=300,000 won x 15 accounts) with the deposit amount of the 15-year unit in which he has joined, but among them, 2.00,000 won should be paid on behalf of the defendant, following an agreement with the plaintiff, and in fact, 4.3 million won per month should be paid on behalf of the defendant, and in the case of the settlement of accounts, 3.0 million won per month should be exempted from the deposit amount of the 15-year unit and 4.0 million won per month should be paid.

E. Meanwhile, the Plaintiff loaned money to the Defendant several times during the period of running the instant fraternity, as well as prior to the start of the instant fraternity. In the course of paying the fraternity to the Defendant under the sequence of the instant fraternity, the Plaintiff used the fraternity to repay the existing loan principal and interest, and the unpaid fraternity, etc., and traded money with the Defendant in a manner of paying the remainder. The details of lending money, interest, repayment of principal and interest, and the payment of the fraternity, etc., are available on the money transaction account books (hereinafter “instant account books”).

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