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(영문) 의정부지방법원 2018.05.10 2017가단114931
대여금
Text

1. The Defendant shall pay KRW 39,410,00 to the Plaintiff the annual rate of KRW 24% from January 16, 2017 to the date of complete payment.

Reasons

Facts of recognition

A. From November 28, 2016 to February 15, 2017, the Plaintiff remitted a total of KRW 101,480,000 to a new bank with the Defendant’s husband C’s husband C over forty times.

B. The Defendant prepared a loan certificate or a document of borrowing money with the following contents:

[1] Except for the money indicated in No. 1, the amount equivalent to the following principal of the loan (the entire amount, other than remitting 1.8 million won to the principal stated in No. 7) has been transferred to the said C’s account. On the date of preparation of the No. 1964, Nov. 10, 206, the principal stated in the Defendant’s principal amount was transferred to the said C’s account. On November 28, 2016, the Defendant’s principal stated in the No. 3,000,000 debtor D, B, a joint guarantor, and the B, a joint guarantor, shall be lent to B as two copies a month.

3. KRW 3.720,00 (b) on December 6, 2016 shall be lent 3.720,000 to E and borrowed.

4. The amount of KRW 1,800,000 (B) on December 6, 2016 shall be KRW 1.8 million on a monthly basis to F.

5 On December 6, 2016, KRW 930,00 (b) was lent to G two parts per month and KRW 930,000 per month, and the guarantee is lent.

6 On December 10, 2016, Category B, KRW 4,650,00,00,000, was loaned KRW 4,6550,00 to Hmaart I by two copies per month.

7.As of December 1, 2016, Category B promises to lend KRW 1.860,000 to J and accept two copies per month.

8 On December 21, 2016, KRW 2,700,000,00 shall be lent to K as two copies per month, and it shall be lent by the principal as a guarantee.

C. On the other hand, the defendant prepared and delivered to the plaintiff each of the following specifications:

On September 10, 2016, interest rate of 50,000,000 won for principal on January 5, 2017, annually 24% per annum 25, 200,000,000 won on December 15, 2016 / [based] 24% per annum 15, 2017, without dispute; Gap evidence 1, 3, 4, and 5 (including serial numbers; hereinafter the same shall apply); and the parties' assertion to the purport of the whole pleadings.

A. From June 6, 2013 to February 15, 2017, the Plaintiff lent a total of KRW 110,730,000 to the Defendant by means of remittance or cash grant on 45 occasions.

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