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(영문) 부산지방법원 2015.11.26 2014가단250993
대여금
Text

1. The Plaintiff:

A. As to Defendant B and C’s KRW 14,757,041 for each of them and KRW 13,000,000 for each of them, Defendant B and C shall be from May 1, 2015 to September 1, 2015.

Reasons

1. Facts of recognition;

A. On August 6, 2012, the Plaintiff loaned KRW 13,000,00 to Defendant B by setting the maturity date as 36% per annum on February 6, 2013 and interest rate.

(2) Defendant B failed to repay the loan on the payment date. Defendant B, as a member of the fraternity operated by the Plaintiff (hereinafter “instant fraternity”), decided to repay the loan if the Plaintiff received a fraternity from the Plaintiff. However, the Defendant paid only four times (2,00,000 won) to the Plaintiff. (c) From February 6, 2014 to April 30, 2015, the interest rate of 30% per annum under the Interest Limitation Act was the highest interest rate of 4,820,833 won per annum from May 14, 2012 to July 2015 (hereinafter “the instant fraternity”). The Plaintiff loaned 00,000,000 won per annum to the Plaintiff, and 00,000,000 won per annum and 10,50,000,000 won per annum to the Plaintiff.

D pays interest on the said secondary loan until March 9, 2014, and delays in payment. The interest rate of 24% per annum from March 10, 2014 to April 30, 2015 is KRW 2,741,918.

D as a fraternity for the instant fraternity, only 4 times (2,00,000 won) the deposit amount was paid.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 5 (including those with a shot number), the purport of the whole pleadings

2. Determination

A. (1) According to the facts as seen earlier, Defendant B is the principal debtor, and Defendant C is the amount claimed by the Plaintiff out of the interest in arrears of KRW 3,757,041 [the interest in arrears of KRW 13,00,000,000 (interest in arrears of KRW 4,820,833, the interest in arrears of KRW 4,820,833]; and

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