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(영문) 서울남부지방법원 2014.12.11 2014가합101140
대여금
Text

1. Defendant B’s KRW 204,00,000 as well as 12% per annum from September 26, 2006 to November 4, 2014, respectively, to the Plaintiff.

Reasons

1. The plaintiff's assertion was received by the defendants' request from the defendant C's spouse to lend money to the company bond transaction, and the plaintiff lent a total of KRW 2.4.3 million to the defendants from October 21, 2005 to October 28, 2005, and received a payment of KRW 350 million after one year, but is paid a interest of approximately 1% (3.00 million) per month. The defendants paid interest of KRW 3 million from January 13, 2006 to September 25, 2006, on the ground that the family accounts are deducted. The defendants paid interest of KRW 3,000,000,000, which was promised to pay interest of KRW 3 million from September 13, 2006 to September 25, 2006, but did not pay the remaining interest and principal, and the defendant C promised to repay even if they sold the house.

In addition, on June 16, 2006, the Plaintiff lent additional KRW 17 million to Defendant C.

2. Determination

A. The following facts are determined as to the Defendants’ claim for KRW 24,300,000 against the Defendants, or may be acknowledged in accordance with the purport of Gap evidence No. 1-1, 2, 3, 4, and Eul evidence No. 1-2, 1-2, 1-2, and 1-2.

① On October 21, 2005, the Plaintiff transferred KRW 54,000,000 to the Defendant B’s account, which was an annual relationship, and KRW 2.4 billion on October 26, 2005, total of KRW 50,000,000 to E’s account, the mother of the Defendants, and KRW 2.4 billion on October 28, 2005.

Defendant B invested the above money in credit business operated by Defendant C’s husband D.

② In around 2010, the Plaintiff alleged that the Defendants would pay KRW 350,000,000 to the Plaintiff for KRW 200,000,000,000,000 as interest per month after one year, and that they received KRW 24,30,000 from the Plaintiff and received KRW 2,43,00,00 from the Plaintiff. In the course of the investigation, Defendant B promised to borrow KRW 200,000 from the Plaintiff to use for the adult amusement room and the credit business, and paid KRW 2,00,00 per month after one year.

③ Defendant B urged the repayment of loans from the Plaintiff while communicating with the Plaintiff around October 2010.

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