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Reasons
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(영문) 서울중앙지방법원 2017.04.12 2016가단5117547
대여금
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1. The Defendant’s KRW 30 million and the Plaintiff’s annual rate from April 1, 2009 to April 12, 2017, and the following.

Reasons

1. Basic facts

A. (1) Around June 13, 2006, the Plaintiff lent KRW 30 million to the Defendant. The interest rate is KRW 10 million operated by the Defendant from September 2005 to May 2007 (hereinafter “the first limit”).

(2) Around that time, the Defendant prepared a loan certificate (hereinafter “the first loan certificate”) equivalent to the attached Form A No. 1 (hereinafter “the first loan certificate”) and gave the Plaintiff the loan certificate.

In addition, as of September 13, 2006, the loan certificate of KRW 10 million in the name of defendant O omitted (see attached Form A No. 3; hereinafter referred to as "second loan certificate") and the loan certificate of KRW 20 million in the name of defendant and defendant-friendly D (see attached Form A No. 2; hereinafter referred to as "third loan certificate") signed on October 26, 2007 and issued to the plaintiff.

B. 1) According to the first loan certificate, the Defendant paid KRW 50,000,000 per month, instead of the Plaintiff, to the Plaintiff on May 2007, when the period of the first loan payment expires. 2) The Plaintiff’s invitation from June 2007 to March 2009 to KRW 10,000,000,000 per month.

(3) The Plaintiff’s husband and wife also joined the 200,000 won per month and deposited money of KRW 500,000 per month from May 2007 to December 2007 with the Defendant as well as KRW 50,000 per month from January 2008 to October 2008, respectively.

4) However, around March 2009, the Defendant did not pay KRW 10 million to the Plaintiff and E, respectively. Meanwhile, the Defendant deposited KRW 20 million in total to the Plaintiff on October 7, 2008, and deposited KRW 31.5 million in total to the Plaintiff’s husband’s F account from June 2009 to May 2015. [In the absence of any dispute over the grounds for recognition, the Plaintiff’s entries in subparagraphs 1 through 4, and evidence Nos. 1 to 3 and the purport of the entire pleadings and the entire pleadings.

2. The allegations by the Parties.

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