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(영문) 서울북부지방법원 2014.11.12 2014가합1557
대여금
Text

1. Defendant B’s KRW 184.9 million to the Plaintiff, as well as 5% per annum from May 21, 2013 to November 12, 2014.

Reasons

The premise facts are as follows: (a) the Plaintiff deposited KRW 30 million in the Defendant’s account under the Defendant B’s name on June 18, 2008; (b) KRW 30 million on November 4, 2009; (c) KRW 50 million on October 29, 2010; (d) KRW 50 million on December 7, 2010; and (e) KRW 30 million on February 4, 2012 in the Defendant C’s account, the husband of the Defendant B, and KRW 210 million on December 31, 2012 (hereinafter “instant payment”).

The Plaintiff was paid KRW 25.1 million from February 28, 2013 to May 20, 2013 by Defendant B.

[Reasons for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 8 (including additional numbers; hereinafter the same shall apply) and the purport of the entire argument as to the cause of claim as to the whole of the arguments, it is recognized that the loan of this case 210 million won is the loan lent to the plaintiff Eul. Thus, the defendant Eul did not claim that the loan of this case 210 million won (in addition to the above amount, 10 million won was paid to the defendant Eul's account around March 2007, 2000 won, and 270 million won per annum from April 11, 2008, 200 won, but there is no evidence to acknowledge that the loan of this case exceeds the interest rate of 150 million won per annum 250 million won per annum from the next day after the above amount was paid to the plaintiff's account, but there is no evidence to acknowledge that the loan of this case exceeds the interest rate of 150 million won per annum 201.5 billion won per annum.25 billion won per annum.

Defendant C is a loan of KRW 50 million paid to Defendant C in the name of Defendant C. It is used by Defendant C.

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