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(영문) 서울북부지방법원 2016.02.04 2014가합23687
차용금 반환
Text

1. Defendant B paid to the Plaintiff KRW 116,869,115 and KRW 106,828,706 among them, from October 1, 2013 to the date of full payment.

Reasons

1. Basic facts

A. From around 2009, the Plaintiff lent money several times to Defendant B, and on December 5, 2009, Defendant B drafted a certificate of borrowing KRW 20 million to the Plaintiff.

B. 1 The plaintiff

A. Even after receiving the certificate of borrowing stated in the port, Defendant B lent money at an interest rate of 24% per annum from August 31, 201.

2) From December 5, 2009 to August 31, 2011, the details of money transferred from the Plaintiff’s account under the Plaintiff’s name to the account under the name of Defendant B and Defendant B’s subsidiaries are as indicated in the annexed passbook 1 transaction statement. The aggregate amount is KRW 208,90,000 (= KRW 118,40,000,000 in 200, 2010). (c) From January 5, 2010 to September 30, 2011, Defendant B paid KRW 176,970,000 in total as indicated in the annexed sheet 2,970,000 in the annexed sheet for repayment of principal and interest to the Plaintiff; (d) Defendant B paid KRW 208,90,000 in the annexed sheet for payment of principal and interest to the Plaintiff; and (e) Defendant B paid KRW 118,50,000 in the annexed sheet for payment of interest to the Plaintiff.

2. Determination as to the claim against the defendant B

A. According to the above facts, barring any special circumstance, the Plaintiff could have lent a total of KRW 208,90,000 to Defendant B at 24% per annum from December 5, 2009 to August 31, 2011. Among them, the Plaintiff was paid a total of KRW 176,970,000 from Defendant B. Thus, the Plaintiff requested the Defendants to transfer the above KRW 176,970,000 to Defendant B in the order of statutory appropriation of debt and principal on September 30, 2013, when the principal of the instant loan was appropriated in the order of statutory appropriation of debt as of September 30, 201 in attached Table 3, as in the list of appropriation of principal and interest, and the amount of KRW 176,970,00,00 from September 30, 200, the final repayment date of KRW 106,828,706,040,040).

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