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(영문) 수원지방법원 안산지원 2017.02.03 2015가단117400
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 140,00,000 and the interest rate of KRW 15% per annum from December 23, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s wife C and the Defendant’s wife D are as follows: (a) between the Plaintiff’s wife and the Defendant’s wife, which is between the Plaintiff and the Defendant

B. On March 11, 2014, the Plaintiff agreed to receive interest of KRW 3,000,000 per month from the Defendant while lending KRW 100,000,000 to the Defendant.

C. On April 10, 2014, the Plaintiff agreed to receive interest of KRW 1,00,000 per month from the Defendant by additionally lending KRW 25,00,000,000, total amount of KRW 40,000 on May 8, 2014.

The Defendant paid to the Plaintiff KRW 3,00,000 on April 30, 2014, KRW 3,300,000 on May 29, 2014, KRW 4,000,00 on June 30, 2014, KRW 4,000 on July 31, 2014, KRW 4,000,000 on August 30, 2014, KRW 4,000 on September 30, 200, KRW 4,000 on September 30, 200, KRW 4,000 on September 30, 2014, KRW 31,4,000 on October 31, 2014, and KRW 4,00,000 on December 4, 200 on each basis.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, evidence 8 through 11, Eul evidence 5 through 8 (including each number), the purport of whole pleadings

2. Determination

A. The Defendant asserted that the amount received from the Plaintiff was not a loan, but a loan, and that the amount paid to the Plaintiff was not an interest-free profit. However, the Defendant asserted that there was no money to be returned to the Plaintiff due to the aggravation of the management status of the credit business, which was operated by the Plaintiff, due to the aggravation of the management status of the loan business, and that there was no money to be returned to the Plaintiff

The interpretation of a juristic act is to clearly determine the objective meaning which the parties have given to the act of indicating it, and it does not include any phrase used in writing, but is to reasonably interpret the objective meaning which the parties have given to the act of indicating it according to the contents of the document regardless of the parties' internal intent. In a case where the objective meaning is not clearly expressed by the terms indicated by the parties, the contents of the text and the contents thereof.

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