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(영문) 서울중앙지방법원 2015.01.15 2014가합16956
대여금반환등
Text

1. Defendant B: (a) with respect to KRW 150,00,000 and KRW 100,000,000 among the Plaintiff, the period from July 10, 2012 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) around the beginning of May 2009: (a) Defendant B loaned KRW 100,000,000 to the Plaintiff at the auction of the building in Kimpo-si; and (b) the Plaintiff accepted the proposal and transferred KRW 100,000,000 to Defendant B’s bank account on May 8, 2009; and (c) Defendant B requested the Plaintiff to additionally lend KRW 100,000,000 to the Plaintiff at the beginning of March 2010; and (d) the Plaintiff again transferred KRW 50,000 to Defendant B’s bank account on March 16, 2010.

3) Defendant C, the wife of Defendant B or Defendant B, transferred to the Plaintiff the monthly amount of KRW 1,670,000 as interest rate of KRW 100,00,000 from May 8, 2009 to July 9, 2012. The Plaintiff transferred the monthly amount of KRW 1,670,000 from May 8, 2009 to July 9, 2012. The Plaintiff offered a loan to the Plaintiff for management of the loan and the loan of KRW 50,000 as interest rate for KRW 50,00,000 from March 16, 2010 to June 18, 2012. Meanwhile, the Defendants transferred the total amount of KRW 80,000,000 from March 16, 2010 to June 18, 206 to the Plaintiff, upon request of the Plaintiff to use the loan or the loan of the Plaintiff as security, and the Defendants received the transfer of ownership as the loan and loan.

The above KRW 150,00,000 borrowed from the plaintiff by the defendant Eul was deposited in the bank account of the defendant C immediately after borrowing the above KRW 150,000,000, and was used as the defendant's living fund or business fund of the defendant's husband and wife, and some of the interest was paid by the defendant C. The above KRW 150,000,000 is within the scope of the defendant's daily agency business.

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