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(영문) 서울서부지방법원 2017.02.09 2016가합1670
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 350,00,000 and KRW 50,000 among them, with full payment from October 7, 2014.

Reasons

1. The facts under the recognition of facts may be found either in dispute between the parties or in full view of the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 5 and 12 (including branch numbers, if any; hereinafter the same shall apply).

The Plaintiff and Defendant B are the Dong of the Seo River University Management Graduate School, and Defendant C is the father of Defendant B.

B. On October 7, 2014, the Plaintiff lent KRW 50 million to Defendant B on December 29, 2014 at an annual interest rate of 20% (hereinafter referred to as “the first loan”) and KRW 300 million at the due date determined and lent KRW 300 million at an annual interest rate of 40%.

(hereinafter the above loans are “the second loan of this case,” and each of the above loans is “each of the loans of this case.”

On the other hand, the plaintiff filed a complaint with the Seoul Western District Public Prosecutor's Office against the defendant B by deceiving the plaintiff and receiving KRW 350 million from the plaintiff. Since then, the defendant B borrowed KRW 350 million from the plaintiff on September 30, 2016 without the intent and ability of repayment and acquired it by deceit.

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff a total of KRW 350 million of each of the instant loans and interest or delay damages thereon, unless there are special circumstances.

B. As to this, Defendant B initially paid each of the instant loans to Defendant B, and the Plaintiff, who did not generate any profit after investment, forced Defendant B to prepare a loan certificate for each of the above loans. Although Defendant B asserted to the effect that the instant claim under an invalid quasi-loan agreement should be dismissed, the above assertion is without merit, as there is no specific evidence to acknowledge the Plaintiff’s coercion.

C. Meanwhile, Defendant B’s respective loans of this case on September 3, 2016.

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