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Reasons
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(영문) 서울중앙지방법원 2018.02.06 2015가단5325891
대여금
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1. As to Defendant B’s KRW 73,600,000 and KRW 65,000 among the Plaintiff, Defendant B’s KRW 8,600,000 from January 1, 2014 to KRW 8,60,00.

Reasons

1. Claim against the defendant B

A. Fact 1) The Plaintiff became the transferor and operated the 36 unit of accounts from December 20, 2010 to November 20, 2013, and Defendant B joined the 15 unit of accounts. The number fraternity paid 300,000 won per month per unit of account and received 10,000,000 won in accordance with the prescribed order. Accordingly, Defendant B was liable to pay 30,000 won per month (30,000 won x 15 unit of account) to the Plaintiff, while the Plaintiff was liable to pay 20,000 won, the Plaintiff was liable to pay 10,000 won to the Plaintiff upon agreement with the Plaintiff.

Afterward, the Plaintiff additionally lent KRW 40,000,000 to Defendant B from August 21, 2012 to January 14, 2013, totaling KRW 10,000,000 on four occasions, and the amount of the Plaintiff’s loan claims against Defendant B was KRW 65,00,000 (= KRW 35,000,000-10,000,000). The repayment period is KRW 10,000,000,000 ( KRW 10,000,000,000).

3) On September 20, 2013, Defendant B received KRW 10,00,00 for the last fifteenth guidance, the sum of the deposit amounts to be paid to the Plaintiff on October 20, 2013 and November 20, 2013, Defendant B did not pay KRW 8,600,000 for the total amount of the deposit amounts to be paid to the Plaintiff on September 20, 2013. [No dispute over the grounds for recognition, the entry of evidence Nos. 1, 4, 8, 9, and 10, the Plaintiff’s personal examination result, and the purport of the entire pleadings.

B. According to the facts found above, Defendant B’s obligation to pay the amount of KRW 73,60,000 (i.e., loan KRW 65,000,000) and damages for delay, Defendant B is obligated to pay to the Plaintiff the amount of KRW 8,600,000 (i.e., loan KRW 65,000). (ii) As to the Plaintiff’s assertion, the Plaintiff claimed damages for delay calculated at the rate of KRW 2% per month against loan KRW 65,00,000, but Defendant B agreed to pay damages for delay or interest of KRW 2% per month.

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