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Reasons
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(영문) 의정부지방법원고양지원 2017.11.17 2017가합71577
대여금
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1. Defendant C’s KRW 300,000,000 per annum for the Plaintiff and 5% per annum from December 3, 2016 to April 18, 2017.

Reasons

1. On the basis of basic facts: Amount of KRW 500 million borrowed to the Plaintiff: Defendant C’s receipt of the said amount to the Plaintiff at all times. The said amount is promised to pay at all times the Plaintiff wishes.

On June 29, 2012, Defendant C prepared a loan certificate (No. 1-1) with the following content and delivered it to the Plaintiff.

B. The date on which the Plaintiff prepared the above loan certificate, and the account in its name was terminated, and the amount of KRW 400 million deposited by cashier’s checks and KRW 100 million deposited by the Plaintiff was paid to Defendant C.

C. In addition, the Plaintiff deposited KRW 500,000 from October 9, 2012 to October 5, 2012, from the account under the Plaintiff’s name to Defendant B (the father of Defendant C)’s account (D).

On October 11, 2012, Defendant C prepared a loan certificate (this document, as seen in the evidence No. 3-1 and the subsequent evidence No. 1-1 of the above loan certificate) with the same content as the above loan certificate (this document, as seen in the evidence No. 3-1 of the above loan certificate) in the name of Defendant C and delivered it to the Plaintiff.

From July 31, 2012 to November 30, 2016, one bank account (E, up to April 1, 2015) in the name of Defendant C used by the Plaintiff as a borrowed account from July 31, 2012 to November 30, 2016, and the Agricultural Cooperative account in the name of Defendant C (from May 1, 2015 to May 31, 2016) or the account in the name of the Plaintiff (from June 29, 2016 to November 30, 2016 to deposit) in the name of the Plaintiff.

E. Each KRW 2,080,00,000, which was deposited every month from July 31, 2012 to December 1, 2012, from Defendant C or Defendant B’s account, shall be the principal and KRW 500,000,000 per annum, which is the interest of KRW 2,083,333, which is the interest of KRW 5% per annum (=500,000,000 x 5% x 5% x 1/12, and less than won). From January 2, 2012 to June 29, 2016.

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