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(영문) 인천지방법원 2016.08.10 2015가단240361
대여금
Text

1. The Defendant: 7% per annum from April 1, 2014 to August 10, 2016 with respect to each of the above KRW 100 million to the Plaintiffs.

Reasons

1. On March 31, 2014, the Plaintiffs: (a) paid KRW 200 million to the Defendant on March 30, 2015; and (b) the interest rate was set at 7% per annum and lent (hereinafter “instant lending”).

[Reasons for Recognition] Gap evidence No. 1, and the result of this court's response to the order to submit financial transaction information to Youngdong Agricultural Cooperatives, the purport of the whole pleadings

2. As to the nature of the loan claim of this case as to the cause of claim, in the absence of any special declaration of intention, each creditor or debtor has the right and bears the obligation at an equal rate (Article 408 of the Civil Act), and there is no evidence to deem that the plaintiffs expressed special intent as to whether the loan of this case is a divided claim relationship or an indivisible claim relationship, and the ratio of attribution thereof. Thus, it is reasonable to deem that the plaintiffs lent 100 million won (=200 million won/2) to the defendant at the time of the lease of this case, on the ground that it is a divided claim relationship.

Therefore, as the Plaintiff seeks with respect to each of the above amounts of KRW 100 million and each of the above amounts, the Defendant is obligated to pay interest and delay damages at each rate of 7% per annum from April 1, 2014, the following day of the instant lending date to August 10, 2016, which is the date of the instant judgment, and 15% per annum from the following day to the date of full payment.

3. The defendant's argument that "the defendant made an investment in the game site operated by E, which is the will of D, by the plaintiff's recommendation of D, a major shareholder of D.

In the process, the Plaintiff demanded D to obtain a loan certificate under the name of the Defendant, and the Defendant, upon D’s request, prepared a loan certificate (No. 1) and delivered it to the Plaintiff.

However, the amount invested by the plaintiff is provided for the purpose of using it on the illegal game site, which is a good custom and other stipulated in Article 103 of the Civil Act and Article 746 of the Civil Act

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