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(영문) 서울북부지방법원 2015.10.29 2014가단21479
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff asserted that from November 20, 206 to July 18, 2008, the plaintiff borrowed a total of KRW 175 million from the defendants (hereinafter "the loan of this case") as stated in the separate sheet, and then the defendants paid interest of KRW 166,878,878 (the plaintiff claimed that KRW 182,68,878 is KRW 16,878,00,000 as stated in the separate sheet, and the interest of KRW 166,878 as stated in the interest sheet as stated in the separate sheet) to the defendants. The plaintiff asserted that the defendants were jointly obligated to return the loan of this case KRW 33,00,000,000,000,000 to KRW 166,878,878,878,000,000,000,000 to KRW 17,5,000.

2. The following facts can be acknowledged in light of the purport of the whole pleadings in each of the evidence Nos. 4 and Nos. 1 to 5 and evidence Nos. 4 and 1 to 5.

From around 2006 to around 2008, the Plaintiff borrowed interest from the Defendant at 30 to 36% per annum on the instant loan (total of KRW 175 million) and paid interest on several occasions, but did not prepare a separate loan certificate or receipt every additional loan certificate or receipt on September 21, 2007, remitted KRW 25 million to E on November 21, 2007, and transferred KRW 8 million from Defendant B on November 21, 2008 to E on November 21, 2007, and a promissory note issued by the Plaintiff is null and void.

On November 21, 2007, EC money was repaid. A receipt (Evidence A) stating that “875,000 won, including interest on account transfer under the name of the Plaintiff, was issued.”

B. Thereafter, on June 1, 2009, the Plaintiff remitted KRW 15 million to Defendant B, and on June 2, 2009, the following day, the Defendant’s husband F determined the principal of the instant loan as KRW 175 million and interest KRW 78,425,00 with Defendant B, and among them, KRW 8.3 million and KRW 15 million repaid on June 1, 2009, and the same month.

8.The balance of 145,125,00 won remaining after deducting 85,00,000 won to be repaid shall be settled monthly.

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