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(영문) 수원지방법원안양지원 2016.06.01 2015가단101694
대여금
Text

1. Defendant B’s KRW 20,000,000 as well as 12% per annum from December 23, 2013 to June 1, 2016 to the Plaintiff.

Reasons

1. Requests for loans made on May 23, 2013

A. The Defendants are married with each other, and the Plaintiff and Defendant C were aware of their gender.

Defendant B became aware of the Plaintiff through the introduction of Defendant C.

Defendant B, as a construction waste disposal business operator, introduced a construction business operator to the Plaintiff in relation to the Plaintiff’s new housing construction work.

Defendant B asked the Plaintiff to lend money in order to use the purchase price of construction materials in another field that he performs.

On May 23, 2013, the Plaintiff lent KRW 30,000,00 to Defendant B for the interest rate of KRW 1% per month and three months after the due date, and then transferred KRW 29,100,000 to Defendant B’s account, which was used by Defendant B, after deducting KRW 90,000 from the interest rate for three months.

Defendant B promised to pay the borrowed amount by October 12, 2013, and paid KRW 1,200,000 to the Plaintiff for four months.

Defendant B repaid KRW 5,00,000,000 on April 12, 2014, and KRW 5,000,000 on April 17, 2014, and the Plaintiff appropriated the repayment of principal.

[Reasons for Recognition] A.1-3 Evidence, Witness E’s testimony, the purport of the whole pleadings

B. As such, Defendant B is obligated to pay to the Plaintiff the interest rate of KRW 20,00,000 in the balance of the borrowed amount and the interest calculated at the rate of KRW 12% per annum from December 23, 2013 to the date of the final payment of the interest (as interest on the borrowed amount is calculated from the date of receipt of the interest on the borrowed amount, interest on the seven-month interest that the Plaintiff received shall be appropriated for the interest on the period from May 23, 2013 to December 22, 2013), which is after the period during which Defendant B finally paid the interest (the interest on the borrowed amount shall be appropriated for the interest on the period from May 23, 2013 to the date of the final payment of the obligation, and delay damages calculated at the rate of 15% per annum

Although the Plaintiff asserted that the Defendants jointly borrowed money, as seen earlier, Defendant B borrowed money from the Plaintiff for its business, and the Plaintiff remitted the loan to the Plaintiff.

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