(영문) 서울중앙지방법원 2017.04.12 2016가단5088083

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(영문) 서울중앙지방법원 2017.04.12 2016가단5088083

대여금

Text

1. The defendant,

A. 6,848,926 won and the interest rate of 18% per annum from February 24, 2006 to the day of complete payment to Plaintiff A.

Reasons

1. Basic facts

A. The defendant is the birth of the plaintiff A.

B. G died on May 2, 1994 (hereinafter “the deceased”), and the Plaintiff B, C, D, and E, who is the wife of the property, succeeded to the property.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The Deceased, the cause of the Plaintiffs’ claim, determined that the sum of KRW 30 million and KRW 40 million to the Defendant at the beginning of 1993, KRW 70 million was 2% per month interest.

The Defendant shall appropriate the amount of money received from the Defendant (from September 20, 1993 to December 27, 1996, from February 24, 2006 to August 13, 2009) to each interest, and shall recover damages for delay in accordance with the agreed interest rate as to the total principal and interest of KRW 71,207,616 and the balance of principal and interest of KRW 25,40 million from August 13, 2009 to the date of full payment.

3. Determination

A. It is insufficient to recognize that the entries in the evidence Nos. 3, 5, and 6 of the principal and the agreed interest rate A have been made by setting the first Defendant of 1993 a total of KRW 30 million and KRW 70 million as interest rate per 2% per month, as alleged by the Plaintiff, and there is no other evidence to prove otherwise.

However, if the purport of the entire pleadings is added to the statements in subparagraphs 1 and 2 of Eul evidence 1, the defendant can recognize the fact that the defendant transferred the amount of KRW 450,000 per month from February 20, 1994 to the account of the deceased, and the amount of KRW 600,000 per month from February 20, 1994.

The defendant borrowed 30 million won from the deceased on August 1993 at 1.5% of interest per month, and additionally borrowed 8 million won on January 1994 at 1.5% of interest per month.

Considering the fact that 1.5% interest per month of 1.5% per month is the 4.5 million won per month, and that the Defendant paid 600,000 won relatively continuously from February 1994, and that 600,000 won interest is the 40,000 won principal, the Defendant borrowed 30,000,000 won from the Deceased as of August 1993, and 1.5% per month around January 1994, as of January 1, 1994.

(hereinafter “instant loan”). (b)

The amount paid from September 20, 1993 to December 27, 1996 by the defendant.

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