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(영문) 수원지방법원 2016.11.17 2015가단44348
대여금
Text

1. The defendant shall pay 30 million won to the plaintiff and 24% per annum from December 15, 2012 to the day of complete payment.

Reasons

1. Basic facts

A. On January 25, 2012, the Plaintiff lent KRW 30 million to the Defendant’s account that is his/her father or mother.

At the time, the defendant paid 80,000 won interest per month to the plaintiff.

The plaintiff has been living together with the defendant in the society (the defendant's words) and his birth.

B. On February 16, 2012, the Defendant remitted KRW 50,000 to the Plaintiff under the Defendant’s mother D’s name.

The above KRW 50 million was the sum of KRW 30,000 and KRW 20,000 that the Plaintiff remitted to the Defendant. The Defendant loaned money to E (at the time the FF corporation was operated) one’s own seat, and the Defendant remitted money to the obligee in the name of the Plaintiff.

On February 16, 2012, the Plaintiff remitted KRW 50,000 to F Co., Ltd. operated by E on February 16, 2012, and on the same day, the Defendant drafted a monetary loan contract with E as the obligee.

On the other hand, the defendant remitted 80,000 won to the plaintiff on the same day interest rate of 30,000 won.

C. From March 15, 2012 to June 20, 2012, E remitted total of KRW 1.5 million to the Plaintiff as interest for the said KRW 50,000 under the name of himself/herself or F corporation, around the 15th day of each month.

The Plaintiff transferred to the Defendant the remainder of KRW 700,000,000,000, excluding one’s own share, immediately upon receiving such remittance of interest.

In July 2012, the Defendant proposed to withdraw the Plaintiff’s loan of KRW 30 million to G, a work partner of the Defendant, to the Plaintiff.

Accordingly, while the Plaintiff did not receive KRW 30,000 from the Defendant or E, and did not deliver KRW 30,000 to G, the Plaintiff, upon introduction by the Defendant, drafted a monetary loan agreement with the principal of KRW 30,000,000 and interest as KRW 2% per month.

G on August 16, 2012 and September 17, 2012, when the Plaintiff respective interest on the said KRW 30,000,000, respectively, was the Plaintiff.

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