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(영문) 서울동부지방법원 2019.01.11 2018가단5769
대여금
Text

1. As to KRW 55,655,356 and KRW 54,381,556 among the Plaintiff, Defendant B’s year from March 7, 2017 to January 11, 2019.

Reasons

1. Facts of recognition;

A. On November 25, 2014, the Plaintiff transferred KRW 30,000,000 to the Defendant B’s account upon receipt of a request for the financing of business funds from the Defendant B, who operated a semiconductor machinery and equipment-related business, under the trade name “E” as the friendship of the son and the son’s spouse, and transferred KRW 70,000,000 to the Defendant C’s business account (E) under the name of the Defendant C, the spouse of Defendant B, on December 1, 2014.

B. Since then, upon receiving a request from Defendant B to raise additional KRW 100,000,000, the Plaintiff transferred KRW 99,800,000 to the above account in the name of Defendant C through the F’s account that is the husband of the Plaintiff on January 19, 2015.

C. Defendant B agreed to pay the Plaintiff the interest of KRW 2,500,000 per month on the said money.

Since then, from January 21, 2015 to March 6, 2017, the term “the date/amount of repayment” in the attached Table of calculation of principal and interest was remitted from the above business account under the name of Defendant C or from Defendant B’s account to F, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3, Eul evidence 3, witness D's testimony, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff, upon receiving a request from the Defendants for a loan of E business funds, agreed to receive KRW 50,00,000 from the Defendants to receive KRW 30,00,00 on November 25, 2014, and KRW 70,000 on December 1, 2014, an annual interest of KRW 60,000 on a monthly basis. On January 19, 2015, the Plaintiff extended KRW 99,80,000 on a yearly interest rate of KRW 24% on a yearly basis, and agreed to receive KRW 2,00,000,000 on a monthly basis. However, since the Defendants paid only some of the Defendants’ repayment, the Defendants’ repayment amount should be jointly and severally paid to the Plaintiff as the interest on the second loan, the interest on the first loan, the second loan, the principal and the first loan, and the principal in the order of the principal, the Defendants’ repayment amount should be paid as KRW 500,000,000.

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