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(영문) 대전지방법원 2017.07.11 2016가단20630
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 165,00,000 and the interest rate of KRW 15% per annum from August 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned Defendant B KRW 3,00,000 on February 11, 201, KRW 20,000 on March 16, 2011, KRW 5,000,000 on July 26, 2011, KRW 1,500,000 on July 26, 201, and KRW 39,50,000 on August 2, 201.

B. The Plaintiff loaned to Defendant B KRW 40,000,000 on January 6, 2012, and KRW 20,000,000 on February 10, 2012, and KRW 30,000,000 on April 2, 2012, and KRW 5,000,000 on June 28, 2012, and KRW 123,00,000 on November 5, 2012 to Defendant C’s mother.

C. During the above loan process, Defendant B prepared and delivered to the Plaintiff each certificate of borrowing KRW 165,00,000,000, including interest on the loan amount of KRW 500,000 (per interest on the loan of KRW 500,000,000 (per interest on the loan of KRW 2,000,000)) in the aggregate of the loan amount of KRW 165,00,00,00. [Grounds for recognition] There is no dispute over the grounds for recognition], Party A’s evidence Nos. 1 and 2 (each statement, including number, and the purport

2. Determination on the cause of the claim

A. The plaintiff asserts that the defendants are women and operate a restaurant jointly with the representative of the business registration certificate as defendant C, and all of the funds transferred to the defendant's head of the Tong with the defendant's funds for the operation of the restaurant. Thus, the defendant Eul is liable to pay the plaintiff 125,000,000 won with the principal amount (the principal amount of KRW 39,500,000) (the principal amount of KRW 39,500,000) and damages for delay with respect to the above money (the principal amount of KRW 123,00,000) and the defendants are jointly and severally liable to pay damages for delay with the above money.

B. 1) According to the above facts as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff a total of KRW 165,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 4, 2016 to the date of full payment, which is the day following the delivery of the instant complaint (Defendant B asserted that the obligation to pay to the Plaintiff is KRW 163,00,000,000, but as seen earlier, Defendant B is liable to pay the interest amount.

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