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(영문) 서울중앙지방법원 2019.10.14 2019가단10871
대여금 반환 청구의 소
Text

1. The Plaintiff:

A. Defendant B shall be 49,600,000 won and the interest rate of 12% per annum from June 30, 2019 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On April 28, 2018, the Plaintiff loaned KRW 20 million to Defendant B on July 28, 2018, and at the annual interest rate of KRW 84,000,000,000,000 to Defendant B on July 28, 2018; however, on April 28, 2018, the Plaintiff transferred KRW 9,30,000,000 to Defendant B’s account designated by Defendant B on April 29, 2018; and (ii) the Plaintiff lent KRW 10,000,000 to Defendant B on July 6, 2018, and KRW 200,000,000,000,000,000,000,000, out of the remainder after subtracting the advance interest of KRW 1.4 million from Defendant B on July 20, 2018.

3) In addition, the Plaintiff is Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) on July 30, 2018.

30 million won, due date, Nov. 30, 2018, and without interest, was lent to the account of the Defendant Company. Defendant B guaranteed the Defendant Company’s obligation to the Plaintiff. [The each entry of the evidence A, Nos. 1 through 6, response to the order to submit financial transaction information to the E Bank of this Court, the purport of the entire pleadings, as a whole.

B. According to the above facts of recognition, the plaintiff paid to the defendant B a total of KRW 60 million (= KRW 9.3 million) (= KRW 9.3 million) as a loan, and among them, the plaintiff sought payment for the remainder of principal calculated by subtracting the total of KRW 1.1 million from the principal which was paid under the name of interest, etc. from the principal. In this case, the defendant B is jointly and severally liable to pay the plaintiff KRW 49.6 million (= KRW 60 million - KRW 1.6 million), and the defendant company is jointly and severally liable to pay the above amount of KRW 30 million from the last day following the day of service of the copy of the complaint of this case to the day of full payment.

2. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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