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(영문) 울산지방법원 2021.01.14 2020나12080
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the appeal.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant voluntarily retired on February 28, 2015, as well as on February 28, 2015, from around 2010, at a high school located in Ulsan Metropolitan City as a teacher and became aware of while working as a teacher.

B. The Plaintiff, from October 2013, transferred money to the Defendant’s account, received the money equivalent to the interest rate of 18% per annum on a monthly basis, and returned the principal after a certain period expires.

The Plaintiff, on August 12, 2016, remitted the amount of KRW 20 million to the Defendant’s account, and KRW 10 million on October 17, 2017 of the same year (hereinafter referred to as “amount of remittance”), and the Defendant, from November 17, 2016 to October 17, 2018, remitted the amount of KRW 400,000 per month to the Plaintiff’s account, from October 31, 2018, KRW 500,000,000 on March 25, 2019, KRW 4250,000 on March 25, 2019, respectively.

5. 23. 40,000 won was remitted to the Plaintiff’s account.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3 (including branch numbers, if any), the purport of the whole pleadings

2. Assertion and determination

A. 1) On August 2016, the Plaintiff loaned KRW 30 million to the Defendant upon the request of the Defendant to pay interest of KRW 450,000 per month if the Plaintiff lent KRW 30,000 to the Defendant.

After that, the defendant repaid 10 million won out of the principal until October 2018 and until May 23, 2019.

Therefore, the defendant is obligated to pay to the plaintiff the amount payable to the plaintiff KRW 20 million and the amount of late payment.

2) When the Plaintiff became aware of the fact that the Defendant lent money to his relative C and received interest at high school with the Defendant, the Plaintiff received money from the Plaintiff and delivered it to C by requesting the Plaintiff to lend money to himself and receive interest. The Plaintiff received interest and principal from C and delivered it to the Plaintiff.

The remittance amount of this case also receives the money that the plaintiff lent to C in the same manner from the defendant's account to C, and deliver it from C.

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