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(영문) 수원지방법원성남지원 2015.10.13 2014가단225099
대여금
Text

1. The Plaintiff; Defendant B’s KRW 4,036,07; Defendant C and D’s KRW 2,690,671, respectively; and each of the said money from May 1, 2014.

Reasons

1. Basic facts

A. The Plaintiff holds each evidence of borrowing KRW 5 million as of January 201, 201 (Evidence 6), KRW 5 million as of July 20, 201 (Evidence 7), KRW 5 million as of September 22, 2011 (Evidence 1-1), KRW 5 million as of November 14, 201 (Evidence 1-2), KRW 5 million as of March 28, 201 (Evidence 1-3), and KRW 5 million as of August 31, 2012 (Evidence 1-5 million as of August 31, 2012), respectively.

B. The Plaintiff lent five million won to E on June 28, 2012.

C. Around April 28, 2014, E succeeded to E in proportion to the 3/7 shares of Defendant B, the husband, and the 2/7 shares of Defendant C and D, the children of which were their husband.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, 6, 7 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was to lend 36 million won to E (30 million won in cash on November 20, 2013) (one million won in cash on the date of five million won in remittance under the above 1-A) by November 20, 2013.

The Plaintiff asserts that the Plaintiff received interest calculated at the rate of 2-3% per month from E with respect to each of the above loans, and that the Plaintiff was transferred interest of 920,000 won per month from April 16, 2013 (16 million won x 2% x 20 million x 3%);

According to the statement of Eul evidence No. 2 around November 20, 2013, repayment seems to have been made around November 2, 2013.

Upon repayment of KRW 10 million among principal, 520,000 won (26 million won in each of the above loans x 2%) shall be calculated at the rate of 2% per month from November 2013, and 520,000 won (26 million won in each of the above loans x 2%) shall be paid in installments from January 2014, and the principal and interest shall be paid in 1.3 million won (3 million won in each principal x 13.8% in each of the principal x 13.8% in each of the principal x 12 months) shall be paid in installments until April 15, 2014 and interest paid in April 2014. The Plaintiff’s loans against E remains at the rate of 23 million (36 million in each of the principal -1 million - 3 million in each of the above loans - three million won in each of the interest and delay damages calculated at the rate of 13.8% per annum from May 13, 2014.

B. The defendants' assertion.

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