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(영문) 서울북부지방법원 2020.12.11 2018가단141371
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 54,100,000 as well as KRW 42,00,000 among them, from June 1, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. D and Defendant B’s land transaction 1) on July 15, 2010, Defendant B lent KRW 15,000,000 to Defendant B at an interest rate of 1% per month. Defendant B paid KRW 150,000 per month from August 201 to October 2010. On October 15, 2010, Defendant B repaid KRW 5,000,000 out of the above principal amount to Defendant B at an interest rate of KRW 1% per month. (ii) On November 22, 2010, Defendant B additionally lent KRW 70,000,000 to Defendant B at an interest rate of KRW 1% per month; and Defendant B paid KRW 80,000 as debt from November 11, 201 to KRW 80,000 per month.

3) On November 21, 201, D additionally lent KRW 10,000,00 to Defendant B at an interest rate of 1% per month. Defendant B paid KRW 900,000 per month interest on the total amount of KRW 90,000 from December 201 to October 2012, 201, Defendant B paid KRW 90,000 per month to D. 4) from December 4, 2012 to December 5, 2012, Defendant B repaid the total amount of KRW 50,000,000 to D, and thereafter paid the remainder of KRW 40,000 per month interest from December 12, 201 to May 1, 2013, Defendant B repaid to D the remainder of the principal amount of KRW 40,000,000 per month.

B. The Plaintiff and Defendant B made a loan of KRW 5,00,000 on August 19, 201 and KRW 2,000,000 on August 23, 2011 with the interest rate of KRW 1% per month between the Plaintiff and the Defendant B via the financial account of the Plaintiff. The Defendant B paid KRW 70,000 per month to the Plaintiff for the above KRW 7,00,000 from September 2, 201 to December 2011. (2) around January 2012, Defendant B paid KRW 2,00,000 out of the above debt, and thereafter from February 2, 201 to May 5, 2013, Defendant B paid KRW 5,000 to the remainder of the debt amount of KRW 5,00,000 per month as the principal amount of KRW 50,000,000 per month.

3. Meanwhile, on December 4, 2012, separately from the above money, the Plaintiff lent KRW 50,000,000 to Defendant B as 1% per month. Defendant B paid KRW 500,000 per month interest to the Plaintiff from January 2013 to April 2015. From September 2014 to April 2015, the Plaintiff paid KRW 1,00,000 per month as interest.

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