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(영문) 부산지방법원 2015.01.08 2013가단62847
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of appraisal shall be borne by Defendant C among the costs of lawsuit.

Reasons

1. The plaintiff's assertion

A. On June 26, 2008, the Plaintiff lent KRW 30 million to the Defendants, and around July 2008, lent KRW 5 million to the Defendants.

In addition, the Plaintiff was paid KRW 700,000 per month from August 2008 to the interest on each of the above loans from the Defendants.

However, the Defendants paid a total of 6.4 million won to the Plaintiff as indicated in the attached deposit statement Nos. 31, 55, 66, 90, 109, 128, 173, 181, 193, 220, 250, 260, and 294.

The Defendants paid to the Plaintiff a total of KRW 7,50,00,000 as indicated in Nos. 1 through 7, 23, 120, 221, 244, and 251 of the attached deposit statement as the repayment of interest for 11 months.

Therefore, the Defendants are obligated to pay to each Plaintiff 28.6 million won (=35 million won - 6.4 million won) and to pay damages for delay at the rate of 24% per annum from July 31, 2009 to the date of full payment.

B. The Plaintiff lent KRW 10 million to the Defendants around August 2008, and was paid KRW 120,000 per day, including interest, for 120,000 per day.

The Defendants paid only part of the principal and interest to the Plaintiff, and, if the Defendants did not receive the money on the 100th day, extended the amount of money to the Plaintiff, the Plaintiff loaned the amount that the Defendants paid prior to that time to the Plaintiff, thereby making the amount of the loan more than KRW 10 million, and repeating the method by which the Defendants would have paid the principal and interest more than KRW 120,000 by the number of days from that day.

(1) During that process, the Plaintiff received 10,000,000 won from August 2008 to December 7, 2009, which was newly lent from December 8, 2009, as shown in No. 8 of the attached deposit details table, from August 8, 2009.

The Defendants’ date from December 8, 2009 to March 17, 2010 is March 17, 2010. However, from December 8, 2009 to March 17, 2010, the sequence 8 to March 17, 201 in the attached deposit details list.

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