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(영문) 인천지방법원 부천지원 2018.06.05 2017가단16831
대여금
Text

1. The Defendant: (a) KRW 70,000,000 for the Plaintiff and 12% per annum from November 20, 2013 to December 14, 2017.

Reasons

1. Basic facts

A. On January 19, 2009, C, the spouse of the Defendant, prepared a loan certificate in the name of the Defendant that borrowed KRW 150 million from the Plaintiff until June 30, 2009 (hereinafter “the loan certificate in this case”), and delivered it to the Plaintiff.

B. On January 19, 2009, the Plaintiff, accordingly, remitted 14,7750,000 won calculated by deducting interest from the Defendant’s account at KRW 150,000,000,000, to the Defendant’s account.

C. The Plaintiff was paid KRW 60 million among the principal of the instant loan on October 8, 2009, and KRW 20 million on October 9, 2009, respectively. The transfer requester is “B (D station)”.

From October 20, 2009 to November 20, 2013, the Plaintiff received interest as indicated below in relation to the remainder of KRW 70 million out of the principal of the instant loan. The client is “B (D station)”.

5. Amount of 0. 20. 10 1, 20. 20. 20 1, 20. 30. 1, 205 20. 1, 200 1,00 1,00 1,000 16. 1,05 20. 3. 1, 200 3. 1,000 3. 1,05 20. 1,00 3. 1,05 1,05 20. 1,05 20. 1,05 20. 1,05 1,000 17. 20

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay KRW 70 million and interest or delay damages on the borrowed principal due to the loan certificate of this case.

B. The Defendant’s assertion that the loan certificate of this case is without the Defendant’s spouse C’s consent in relation to the operation of the gas station.

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