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(영문) 의정부지방법원 2020.10.15 2019가단13841
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 59,481,250, and as a result, from August 25, 2019 to October 15, 2020.

Reasons

1. Summary of the plaintiff's assertion

A. On March 16, 2014, the Plaintiff initially lent KRW 10,000,000 to Defendant B, and in this regard, the Plaintiff and Defendant B, on April 10, 2017, determined the principal of the loan as KRW 31,50,000,000 per month for interest, as KRW 1,00,000 per month for interest (3%, but the agreed amount is KRW 1,00,000 per month).

B. On June 4, 2018, the Plaintiff also lent KRW 10,000,000 to Defendant B at an annual interest rate of 24%.

C. Since June 4, 2018, Defendant B did not pay any interest to the Plaintiff at all, Defendant B, from that time, for 21 months until March 2020.

21,000,000 won (=21 month x 1,000,000) for loans described in paragraph (b).

With respect to loans described in paragraph 4,200,000 won (=10,000,000 x 24% x (1 year 9/12)) interest rate was created. D.

The Plaintiff filed a claim against Defendant B for the payment of the loan principal of KRW 31,500,000,000 (i.e., the loan principal of KRW 21,000,000 as the loan principal of KRW 21,000,000 as the loan principal of KRW 31,50,000,000 as the loan principal of KRW 4,20,000) and damages for delay calculated at the rate of 12% per annum from the day following the delivery of the copy of the complaint of this case.

E. Defendant B borrowed the above money for the purpose of daily home life, and was engaged in money transaction using the account roll of Defendant C, the spouse, so Defendant C shall also pay the above money jointly and severally with Defendant C.

2. Determination

A. A. Around April 10, 2017, Defendant B issued a loan certificate of KRW 31,50,000,000 from the Plaintiff as to the amount of the Plaintiff’s loan and interest on KRW 1,00,000,000, which was issued by the Plaintiff may be acknowledged by adding the overall purport of the pleadings to the respective entries in the evidence Nos. 1 and 16. In addition, the Defendants did not dispute the assertion that the Plaintiff provided a loan of KRW 10,00,000 to Defendant B on or around June 4, 2018.

The Defendants’ preparatory brief on April 7, 2020, and the Defendants’.

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