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(영문) 서울중앙지방법원 2017.05.11 2016나60388
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff was employed on July 1, 2009 by the Defendant, who operated the clothing company under the trade name “D” located in Jung-gu Seoul Metropolitan Government, and received each of the following loans from the Defendant.

(1) On August 23, 2013, a loan was granted on KRW 10,00,000 at an annual interest rate of 36.5%, July 10, 2017 at the expiration date of the contract, on the condition that the installment repayment of the principal and interest equal (400,000 won per month) was made on the 10th day of each month.

(2) On the same day, HK Savings Bank (hereinafter “HK Savings Bank”) borrowed KRW 7,00,000 at an annual interest rate of 34.9% per annum, 36 months during the loan period, and 316 months during the repayment of principal and interest equal (316,260 won per month).

(3) On the 26th day of the same month loans received 4,00,000 won from Tae River Loans Co., Ltd. (hereinafter “ Tae River Loans”) at the interest rate of 39% per annum, 36 months during the loan period, and 191,000 won per annum on the installment repayment of principal and interest (per month).

(4) On the 27th of the same month, a loan was granted under the terms of KRW 3,00,000 per annum from 39% interest rate, 4 years of loan, and 126,000 per annum and interest equal repayment (126,00 won per month).

B. On August 26, 2013, the Plaintiff transferred KRW 17,000,000 to the bank account in the name of the Defendant, and KRW 4,000,000, respectively, and KRW 3,000,000 to the bank account in the name of the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 3 through 5 (including each number), the purport of whole pleading

2. The assertion and judgment

A. In order to use the loan as a company’s operating fund, the Plaintiff asserted that the Defendant is obliged to pay the loan and interest under each of the loan agreements to the Plaintiff according to the interest rate set by the lending company, and the Defendant received the loan from the lending company and lent a total of KRW 24,00,000 to the Defendant. Since July 15, 2015, the Defendant delayed the interest on the loan at least two occasions, each of the lending companies is obliged to pay the loan and the interest under each of the respective agreements.

As to this, the Defendant borrowed money from the Plaintiff.

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