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(영문) 서울동부지방법원 2016.09.09 2015가단41818
대여금 등
Text

1. Defendant B’s interest rate of KRW 38,895,680 and KRW 30,000 among the Plaintiff’s interest rate of KRW 38,895,680 shall be from October 28, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 5, 2013, the Plaintiff lent the principal amount of KRW 30,000,000 to Defendant B on September 5, 2014, subject to the payment of KRW 750,000 per annum (30% per annum) on September 5, 2014, and on September 5, 2014.

B. Defendant B entered into a contract to donate 2590 square meters of forest E, which is the only real estate owned at the time of January 16, 2014, to Defendant C and D, who is a siblings, and completed the registration of ownership transfer on the ground of the gift as of January 16, 2014.

C. At the time of January 16, 2014, Defendant B had a debt owed to the Plaintiff as a small property, and Defendant B had an active property, holding 29,473 shares of F Co., Ltd. (500 won per share) in addition to the instant real property.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to Defendant B’s claim, barring special circumstances, Defendant B is obligated to pay to the Plaintiff KRW 30,00,000 of the leased principal and KRW 20% per annum to the Plaintiff from September 6, 2013 to July 14, 2014, and the agreed interest rate of KRW 25% per annum from July 15, 2014 to October 27, 2015, which is part of the agreed interest rate of KRW 9,295,680 and KRW 30,00 per annum from October 28, 2015 to the Plaintiff, KRW 200, KRW 250 per annum from around 200, KRW 100, KRW 205, KRW 1000 per annum from around 200, KRW 205, KRW 208, KRW 1005, KRW 205, KRW 2005, KRW 2010.

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