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(영문) 서울중앙지방법원 2016.08.24 2015가단5362531
대여금
Text

1. Defendant C’s KRW 49,00,000 and the Plaintiff’s 28.8% per annum from December 22, 2014 to December 29, 2015.

Reasons

1. Determination as to the claim against Defendant C

A. On December 22, 2011, the Plaintiff, through an account opened in Defendant B’s name (D) and lent KRW 49,00,000 to Defendant C, agreed to pay KRW 50,000 to the leased principal, including KRW 1,00,000,00 in cash, due date for payment of KRW 50,00 (36% per annum) on December 22, 2013; however, on January 29, 2013, the Plaintiff agreed to pay interest of KRW 1,20,000 per annum (hereinafter “instant loan”).

(2) From February 22, 2012 to December 21, 2014, Defendant C repaid to the Plaintiff KRW 27,210,000 in total of the principal and interest related to the instant loan, such as the statement in the “statement of appropriation” in the attached Form, via Nonparty E and Defendant B’s account, viaout 18 times from February 22 to December 21, 2014.

In light of the fact that the Plaintiff merely received a total of KRW 19,500,000 from Defendant C for the interest purpose of KRW 1.5 million and KRW 1.2 million each, the Plaintiff’s repayment of KRW 19,50,000 in total through the account (F) deemed to have been used as the cause of receiving the interest of the instant loan. In addition, the Plaintiff’s repayment of KRW 19,50,000 in total through the account (F) shall be deemed to have been made on September 15, 2012, KRW 250 (250 won shall be deemed to have been paid as commission), KRW 1,40,000, KRW 310,000 and KRW 1,200, KRW 1200: KRW 27,210,000, KRW 3140,000, KRW 27146,000 in the order of 36,214 and interest rate of KRW 36.416,24,014,27.

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