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(영문) 대구지방법원 2015.11.19 2014나15505
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. B, who worked as a person in charge of the Plaintiff’s loan, concluded a loan agreement with the Plaintiff on October 30, 2007 with the terms that the Plaintiff should receive each of the loans by setting the interest rate of KRW 8.8% per annum, interest rate of KRW 10,000,000 on October 30, 207, interest rate of KRW 8.8% per annum, interest rate of KRW 10,000 on February 29, 2008, interest rate of KRW 8.8% per annum, interest rate of delay, interest rate of KRW 10,000,000 on February 28, 2009, and period of repayment as February 28, 2009, ③ interest rate of KRW 8.8% per annum, interest rate of delay, interest rate of KRW 00,000 per annum, and period of reimbursement on November 17, 2010.

(hereinafter referred to as "each of the instant lending contracts". For each division, "(1) loans", "2) loans", and "3 loans" are b.

B In accordance with each of the above loan agreements, B borrowed a total of KRW 30,000,000 (Account Number: C, Account Number: D), the above loans of KRW 10,000,000 (Account Number: D), and KRW 10,000,000 (Account Number: Account Number) of the above loans of KRW 30,00,000 (Account Number: E, Account Number: D).

C. The Plaintiff’s interest rate for delay is 14.9% per annum, 2.0% per annum, 14.65% per annum, and 14.62% per annum, from July 2013 to July 201.

【In the absence of dispute over the grounds for recognition, the entries in Gap evidence 1-2, 2, 5-2, 3, and 6-2, and 4-4 of the evidence of subparagraph 3-2, 3, and 6-4, the testimony of the witness B at the trial, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff asserted as follows and claimed a loan of KRW 30,000,000 and its delay damages against the Defendant.

First, the defendant comprehensively delegated the right to each of the loans of this case to the husband B.

Second, each of the loan contracts of this case was concluded by B on behalf of the defendant's economic activities in order to raise the rental fee of the defendant's private teaching institute, real estate acquisition fund, children's educational institute expenses, and living expenses.

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