(영문) 부산지방법원 2019.06.26 2018가합46427

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(영문) 부산지방법원 2019.06.26 2018가합46427

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 550,00,000 and the interest rate of KRW 15% per annum from January 1, 2011 to the date of full payment.

Reasons

1. Basic facts

A. On September 9, 2008, the Plaintiff remitted 550,000,000 won to Defendant B’s Busan Bank account on six occasions, and paid 550,000,000 won to Defendant B. The Defendant B returned the said amount to Defendant B’s Agricultural Bank account on six occasions on September 9, 2008.

B. On August 8, 2010, Defendant B drafted each of the following descriptions (Evidence A2) to the Plaintiff:

(hereinafter “each of the instant notes”). At the bottom of each of the instant notes, the names of Defendant C, the children of Defendant B and Defendant B, are indicated, and the names and seals of the Defendants are not attached thereto.

On September 2008, 550,000 won was received from the Plaintiff and sent it to E (the rehabilitation passbook) in the cemetery project.

The period of return of the principal and interest (15%) shall be the main and interest (15%) with no progress in the cemetery project.

(2) At the end of the year, the circumstances will be renewed again at the end of the year.

8 August 8, 2010, B [founded Grounds for Recognition] without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. On September 9, 2008, the Plaintiff lent KRW 550,000,00 to Defendant B, and on August 8, 2010, the Plaintiff received each of the instant statements from Defendant B to the effect that the agreed interest rate of KRW 550,00,000 for the leased principal and the agreed interest rate of KRW 15% per annum is to be paid, jointly and severally with Defendant C, until December 31, 2010. Therefore, the Defendants jointly and severally liable to pay the Plaintiff the agreed interest calculated at a rate of KRW 550,000 per annum from January 1, 201 to the day of full payment, and the agreed interest rate of KRW 15% per annum from January 1, 201, when the above loan repayment period is due, to the agreement between Defendant B and the Plaintiff as to KRW 550,000,000, which was remitted to Defendant B.

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