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Reasons
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(영문) 서울중앙지방법원 2020.06.08 2018가단5070093
대여금
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1. The Defendant’s KRW 30,747,662 as well as the Plaintiff’s annual rate from April 17, 2018 to June 8, 2020, and the following.

Reasons

1. Facts of recognition;

A. On December 30, 2013, the Defendant: (a) written a 42,00,000 won with respect to the Plaintiff; (b) 10,000,000 won with respect to March 25, 2014; (c) 10,000,000 won with respect to June 25, 2014; (d) 10,000,000 won with respect to September 25, 2014; and (e) written an agreement to pay interest at the rate of 1.5% per month to the Plaintiff on December 25, 2014 (hereinafter referred to as “instant implementation note”).

Of the above money, 10,816,000 won is the total of interest amounts calculated.

B. 1) The Plaintiff and the Defendant, even after preparing the instant performance letter, concluded that the Defendant used the Plaintiff’s credit card and the Defendant would pay to the Plaintiff the user fee and the installment fee, thereby making a loan transaction from December 31, 2013 to May 27, 2015 (hereinafter “the instant credit card user fee and the fee”).

(2) However, the phrase “2,19,900 won” indicated in the “2,19,900 won” in the “amount used on December 11, 2014, among the above marks, shall be deemed “35,220 won” and “126,843 won” in the “122,69,804 won” in the “amount used on April 2, 2014, 52,605,604 won” and “75,335,75,35 won” in the “amount used on April 2, 2014, 35,2280 won” shall be deemed “35,220 won,” and “126,843 won in the “amount used on December 7, 2014,” and thus, the sum shall be deemed “52,605,80 won” in the “amount used on the basis of the amount used. 52,804 won”.

3) On June 19, 2014, in the above list, the amount used (related to the evidence 13-1, 200, 13-2 of the above list) was granted to the Plaintiff’s spouse C’s DNA card to be used by the Plaintiff, and at the time, the Defendant guaranteed the Plaintiff’s obligation to return the use price and fees of E. (c) the Plaintiff lent KRW 1,200,000 to the Defendant, on March 12, 2014, and KRW 1,000,000 to the Defendant’s G bank account of F as the Defendant’s child. The Defendant paid KRW 70,200,000 to the Plaintiff through the above F’s account from January 6, 2014 to August 1, 2016 / [Grounds for recognition], the Plaintiff’s statement to the Plaintiff, and the Plaintiff’s number 1 through 3,200,000.

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