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(영문) 서울북부지방법원 2017.05.11 2016가합930
대여금
Text

1. The Defendants shall pay to D and their respective Plaintiff KRW 500,000,000, and KRW 350,000,000 among them, with full payment from July 1, 2013.

Reasons

1. Basic facts

A. On June 11, 2012, the Plaintiff: (a) lent KRW 130 million on June 11, 2012 to Defendant C; (b) KRW 120 million on the following day (interest rate of KRW 10 million on a monthly basis; and (c) Defendant C re-transfer the said money to Defendant B’s account.

B. On July 24, 2012, the Plaintiff lent each of the loans (at least 10% per month, and at least 18 days due) to Defendant C, KRW 30 million, and KRW 70 million on July 26, 2012, and Defendant C returned the said money to Defendant B’s account in the name of Defendant B.

C. Defendant C acquired the above loan amount of KRW 350 million from the Plaintiff, and Defendant D and Defendant B obtained the above loan amount of KRW 350 million from Defendant C, thereby having been convicted of the Seoul Central District Court on October 20, 2015.

On April 4, 2013, the Defendants and D issued a promissory note of KRW 500 million at face value to the Plaintiff, and the Defendants and D paid the said KRW 500 million (interest of KRW 150 million from June 2012 to June 30, 2013) until June 30, 2013, and paid damages for delay at a rate of KRW 20 million per annum after the due date.

[Reasons for Recognition] Defendant B: Each entry and whole purport of pleading as to Gap evidence of subparagraphs 1 through 3 (including branch numbers), Defendant C: Service by public notice

2. According to the above facts of recognition as to the cause of the claim, according to the agreement dated April 4, 2013, the Defendants and D are obliged to pay to each Plaintiff 50 million won and the principal amount of KRW 350 million among them, 20% per annum from July 1, 2013 to the date of full payment.

3. Conclusion, the Plaintiff’s claim against the Defendants is accepted in entirety.

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