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(영문) 수원지방법원 2014.07.22 2013가단61974
대여금
Text

1. The Defendant’s KRW 19,855,35 with respect to the Plaintiff and 44% per annum from March 26, 2012 to the date of full payment.

Reasons

1. C, the representative director of the Plaintiff’s fact-finding as to the cause of the claim, was engaged in the credit business registered under D’s trade name. However, on September 8, 2008, the Plaintiff, upon the amendment of the former Enforcement Decree of the Credit Business Act (amended by Presidential Decree No. 22991, Jun. 27, 201), filed a claim for interest by applying 44% per annum after February 28, 201. At the time of maturity, C was designated and lent on September 9, 2009 with the Defendant for the convenience of securing claims. At the time of maturity, C received a letter of delegation for drawing up a promissory note and a bill with a face value of KRW 20 million and a certificate of KRW 20 million loan from the Defendant at the time of receipt of a letter of delegation for drawing up a notarized bill and a bill from the Plaintiff at the time of the Plaintiff’s request for a credit business (hereinafter “the Plaintiff was also registered as the Plaintiff’s corporation”).

On December 9, 2008, the Plaintiff lent KRW 2785,000,00,000, including the principal leased by the former C, at 48% per annum, and due date on December 9, 2009. On February 28, 2011, the Plaintiff leased KRW 10,000,000 to the Plaintiff, and among them, claimed that 700,000,000 won was appropriated for the interest accrued from the pre-loan, and claimed that 9,30,000,000 won was withdrawn and the principal of the loan was claimed as KRW 9,30,00,00,000,000,000,000,000,000) to the Defendant (hereinafter “instant loan”).

(2) On or after December 9, 2008, the Plaintiff received payment of the amount deposited on the date indicated in the separate sheet of interest and the details of repayment of principal, and when appropriation is made to the instant loan in the order of interest and principal, the Plaintiff would have an interest on the instant loan at the rate of 19,85,335 won as of March 26, 2012, and 44% per annum from March 26, 2012. [The fact that there is no dispute over each of the entries, the purport of the entire pleadings, and the fact that there is no dispute over the instant loan amount.

2. The judgment of the defendant on the ground of repayment shall be KRW 51,474,50 in total after the above loan from C and the plaintiff.

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