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(영문) 수원지방법원 2014.11.28 2014가단511575
대여금
Text

1. The Defendant’s KRW 74,263,014 as well as 18% per annum from May 9, 2012 to May 16, 2014 to the Plaintiff.

Reasons

1. On November 1, 2010, the Plaintiff: (a) lent 100 million won to the Defendant on a fixed basis with 18% interest per annum on January 3, 2011; (b) paid 97 million won to the Defendant after deducting 3 million won as interest per two months; and (c) the Plaintiff was paid 50 million won on May 8, 2012; and (d) the said amount was paid 24,263,014 (10 million won x 0.18 x 492 / 365 / 365 ; and (e) paid 97 million won to the Defendant; and (e) the Plaintiff was paid 24,263,014 interest from January 3, 201 to May 8, 2012 until 200, 2004, 2004, 2004, 2004, 2005.

2. Judgment on the defendant's assertion

A. As to this, the defendant used the plaintiff's loan 100 million won to the non-party company C (hereinafter "non-party company"), and the plaintiff filed a lawsuit against the defendant in order to receive the above KRW 100 million even before the lawsuit in this case and rendered a favorable judgment at the first instance court, but he received a loan certificate from the non-party company in the appellate trial to receive part of the non-party company and pay the remainder of the money, and the plaintiff withdrawn the above lawsuit against the defendant, and therefore, the plaintiff lent the above 100 million won to the non-party company

B. The non-party company used the above 10 million won as a whole, and the plaintiff received 50 million won from the non-party company and received the remainder of 50 million won from the non-party company, the representative director of the non-party company, and then withdrawn the above lawsuit at the appellate court.

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