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(영문) 수원지방법원성남지원 2016.05.18 2015가단27353
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,276,326 and the interest rate of KRW 15% per annum from November 5, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant traded money over several occasions through a bank account with each other. The Plaintiff transferred KRW 2,750,000,000, which deducts interest of KRW 250,000,00 from the Plaintiff’s Nong Bank account to the Defendant’s Nong Bank account; KRW 5,000 on December 14, 2010; ② KRW 10,000 on December 17, 2010; ③ KRW 5,000 on January 29, 201; and ④ KRW 2,750,000, which deducted interest of KRW 250,000 on February 23, 201.

(1) The sum total of KRW 23,00,000 for each of the loans (hereinafter referred to as “the instant loan”).

The Defendant purchased goods equivalent to KRW 1,382,00 on January 7, 201, using the credit card in the name of the Plaintiff, and repaid the amount by the Plaintiff. On February 18, 2011, the Defendant purchased goods of KRW 1,994,326 on an installment basis, and repaid KRW 1,94,326 on the aggregate interest of the Plaintiff.

(hereinafter above, the sum of 3,376,326 won per credit card price plus 3,376 won is referred to as "the credit card price in this case").

On January 4, 2011, the Defendant moved into a newly-leased house, and on January 4, 201, the Plaintiff transferred KRW 5,000,000 to C, the representative of the Licensed Real Estate Agent Office, a licensed real estate agent.

On January 18, 201, the Defendant remitted KRW 6,100,000 to the Plaintiff, and around May and June 2015, the Defendant repaid KRW 500,000 each of the instant loan and credit card payment.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 4, Eul evidence 1, purport of whole pleading, and purport of whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant shall pay 24,276,326 won (i.e., the loan amount of KRW 23,00,000,000 from the loan amount of KRW 23,376,326 - the credit card amount of KRW 2,100) and damages for delay at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 5, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, unless there are special circumstances to the Plaintiff.

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