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(영문) 수원지방법원안산지원 2017.12.08 2015가단118137
대여금
Text

1. As to the Plaintiff KRW 101,00,000 and KRW 20,000 among them, Defendant A shall be from March 16, 2013 to the date of full payment.

Reasons

1. The Plaintiff asserts that he/she loaned to Defendant A a total of KRW 20,000,000 on four occasions from January 10, 2013 to March 15, 2013 by setting the maturity of payment to March 31, 2013, and at the interest rate of KRW 24% per annum, and that he/she lent KRW 101,00,000 in total from March 26, 2013 to March 2, 2015, and that Defendant A led to a confession pursuant to Article 150 of the Civil Procedure Act.

Therefore, Defendant A is obligated to pay the Plaintiff interest or delay damages calculated at the rate of 15% per annum from January 6, 2016 to the date following the date of delivery of a copy of the complaint in this case to the date of complete payment, as to KRW 20,000,000, which is the agreed upon from March 16, 2013 to the date of complete payment, as to KRW 20,000,000, which is the agreed upon with the Plaintiff from March 16, 2013 to the date of complete payment, as to KRW 81,00,000,00, which is the agreed upon by the Plaintiff.

2. Determination as to the claim against the defendant B

A. The national bank account (Account Number C, hereinafter referred to as “one account”) in the name of Defendant B, in which the Plaintiff alleged to be the Plaintiff remitted loans to Defendant A, is lent to Defendant A as Defendant B with bad credit standing.

Defendant A transferred each of the money stated in the “amount” column in the separate sheet “Date” column in the separate sheet from the first account to the account of another national bank account (Account Number: D., hereinafter, “Second Account”) of Defendant B, as shown in the separate sheet, as shown in the separate sheet. The account number: E: hereinafter, “Third Account”).

Defendant A’s act of remitting money to Defendant B, one’s father, in excess of debt, constitutes donation or repayment, and thus, each of the above donation or repayment acts ought to be cancelled as a fraudulent act detrimental to general creditors.

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