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(영문) 부산지방법원 2018.10.24 2017가합41326
대여금
Text

1. The Defendant’s KRW 208,250,000 among the Plaintiff and KRW 48,250,000 among them, shall be KRW 150,00,000 from July 3, 2014.

Reasons

Basic Facts

The relationship between the parties and the defendant is between high school and the defendant. The defendant is a person who operated a number of loan companies including a mutual loan company of "C".

Around June 10, 2014, the Plaintiff’s lending to the Defendant was in operation of the lending company by the Defendant, and the Plaintiff would pay interest at the rate of 3.5% per month if the Plaintiff lent KRW 50,000,000 to the Plaintiff. In response, the Plaintiff lent KRW 10,000,000 to the Defendant’s wife D’s account designated by the Defendant (hereinafter “loan”) on June 28, 2014; KRW 10,000,000 on June 29, 2014; KRW 9,000,000 on June 30, 2014; KRW 10,000,000 on July 10, 2014; KRW 250,000 on July 29, 2014; and KRW 48,250,000 (hereinafter “loan”).

On September 15, 2014, the Defendant loaned KRW 200,000,00 to the Plaintiff, 25,000,000 as interest rate of KRW 7,00,00 per annum (3.5%) and KRW 30,00,000 as interest rate of KRW 25,00,000 per annum (3.5%). In response to the Plaintiff’s payment, the Plaintiff transferred KRW 10,00,000 to D’s account on September 20, 2014; KRW 10,00,000 on September 21, 2014; KRW 10,000 on September 22, 2014; KRW 60,000,000 on September 23, 2014; KRW 10,000 on September 10, 205, 200; and KRW 10,000 on May 10, 2014

Around February 1, 2015, the Defendant borrowed money to the Plaintiff to recover its business from its original state. In response to the Plaintiff’s repayment, the Plaintiff is “third loan” with the Defendant’s account in the name of his wife E in the name of his wife-Nam on March 12, 2015.

the loan was made by means of transfer.

The defendant in a criminal case against the defendant had requested the plaintiff to lend the first loan amounting to KRW 700,000,000, which was around June 10, 2014, and the loan company operated by the defendant will pay a high interest even if the defendant borrowed money from the plaintiff due to the situation where it is impossible to manage the loan in a normal manner, such as lending the money received from the investor.

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