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(영문) 의정부지방법원고양지원 2015.05.29 2014가합6619
대여금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 30% per annum from January 26, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On December 28, 2012, the Plaintiff transferred the account transfer of KRW 150 million to the Defendant, KRW 150 million, KRW 150 million on January 15, 2013, and KRW 300 million on January 31, 2013 (hereinafter “instant payment”).

B. From February 8, 2013 to February 4, 2014, the details that the Plaintiff received interest on the instant payment at its own passbook (the agreed interest rate of 30% per annum, and payment on February 25, 2014) are as follows.

(1) Each of the following facts: C Medical Foundation D 3,94,160 won on February 8, 2013; C Medical Foundation D 5,963,470 won on March 8, 2013; C Foundation D 5,963,470 won on May 9, 2013; C Foundation 5,963,470 won on June 7, 2013; C Medical Foundation 5,963,963,470 won on June 7, 2013; 30.3,00 won on July 9, 2013; 20.3,00 won on August 23, 2013; 30,00 won on August 23, 2013; 30,000 won on July 1, 205; 30,000 won on August 23, 2013;

2. Summary of the parties’ assertion

A. The Plaintiff asserts to the effect that the Defendant, who borrowed the instant payment from the Plaintiff at an agreed interest rate of 30% per annum, sought a payment of KRW 300 million of the instant payment and its interest or delay damages as a loan obligation.

B. The Defendant asserts that the borrower of the instant payment is Nonparty H, not the Defendant, and the Defendant merely merely acted as a broker for the loan.

3. We examine who borrowed the instant payment from the Plaintiff as to who is the Defendant and H.

According to the statements in subparagraph 1 and the witness J's testimony, there is no dispute between the parties, or according to the statement in subparagraph 1, and part of the witness J, the plaintiff is 100,000,000 won per face value ( check number K, L), face value, 70,000.

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