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(영문) 전주지방법원 2017.12.08 2016가단8994
대여금
Text

1. Defendant C: (a) 5% per annum from April 26, 2016 to December 8, 2017; and (b) December 9, 2017 to Plaintiff A’s KRW 3,00,000; and (c)

Reasons

1. Basic facts

A. Plaintiff A deposited KRW 153,00,000 at Defendant C’s request, while conducting monetary transactions with Defendant C for 20 conditions, the sum of KRW 153,00,000 as follows. The amount of KRW 30,00,000 on the deposit date of the deposit date of KRW 50,000 on August 10, 2013, the deposit date of KRW 30,00,00 on October 3, 19, 200, KRW 30,000 on May 19, 2012, KRW 36,50,000 on December 17, 2013, KRW 35,000,000 on KRW 30,000 on KRW 5,50,000 on July 35, 2013; and KRW 36,50,000 on KRW 1,500,00 on July 35, 2013

3) Defendant D drafted a certificate of loan with 30% interest rate per annum with respect to the above money received as above. B. Plaintiff B, including the deposit details of Plaintiff B, deposited KRW 50 million on January 18, 2013, KRW 10 million on March 8, 2013, KRW 80 million on July 16, 2013, and KRW 80 million on July 16, 2013 (Account Number F) in Defendant C’s Agricultural Account (Plaintiff B received a refund of KRW 10 million with respect to the principal on March 8, 2013).

(C) Defendant C paid the above deposited money to Defendant D, and Defendant D drafted a loan certificate with 30% interest rate per annum of Plaintiff B, Defendant D, and Defendant D. Defendant C served as the head of the office of a certified judicial scrivener office operated by Defendant E. [based on recognition] A, 2, 3, 4, 6, 7, 8 (including the serial number; hereinafter the same shall apply).

3. Descriptions of evidence No. 1 of Eul and the purport of the whole pleading

2. Determination as to the claim against Defendant C

A. 1) The Plaintiffs’ primary cause of claim: the Plaintiffs are Defendant C’s above-mentioned 1-A;

B. Lending the money stated in the paragraph.

Therefore, Defendant C is obligated to pay the Plaintiff the amount that was not partially repaid (Plaintiff A 123,00,000,000, and Plaintiff B 47,200,000) and interest for delay.

B. Preliminary cause of claim: Defendant C shall pay money to the Plaintiffs.

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