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(영문) 서울중앙지방법원 2017.04.14 2015가단62485
계금
Text

1. The Defendants jointly share the Plaintiff KRW 17,282,203 and KRW 17,156,809 among them, from May 15, 2014 to April 14, 2017.

Reasons

1. Facts of recognition;

A. On February 28, 2003, while the Plaintiff traded money with Defendant B residing in neighboring areas, the amount borrowed by Defendant B from the Plaintiff reaches KRW 42 million, Defendant B joined the limit organized by the Plaintiff and paid the said money in full.

B. The limits organized by the Plaintiff were operated in such a way that 21 persons pay KRW 1,00,000 per month, and first receive KRW 1,50,000 per unit, and later, pay KRW 1,50,000 per unit, and Defendant B joined 1,5,14 of the above limits that began from April 203.

C. On April 13, 2006, Defendant B received the said fraternity and repaid the said KRW 42 million borrowed from the Plaintiff, but did not pay the said KRW 32 million out of the fraternity due after the completion of the said fraternity. On December 31, 2006, Defendant B prepared a loan certificate with the purport that the said fraternity borrowed KRW 32 million, which was not paid to the Plaintiff, and that the said fraternity would be repaid until December 31, 2007, and Defendant C, his wife’s wife’s wife’s father guaranteed the Plaintiff’s obligation to borrow the principal and interest of the Defendant B.

From May 7, 2007 to May 14, 2014, Defendant B remitted to the Plaintiff the amount indicated in the column of the amount to be appropriated as of the date of appropriation for performance of the attached Form No. 335 to the date of appropriation for performance, and remitted the sum of KRW 2,489,000,000 to the Plaintiff on 62 occasions.

[Grounds for recognition] Gap 1 to 5, Eul 1, 2, 4 through 7, the whole purport of the pleading

2. The assertion and judgment

A. The Plaintiff’s obligation to return the principal and interest of the Defendants, and the Plaintiff agreed to pay interest at the rate of 15% per annum on the borrowed amount at the time when the said loan certificate was drawn up. As such, the Plaintiff shall appropriate the sum of KRW 2,489,000,000 remitted from May 7, 2007 to January 13, 2014, to the interest rate of KRW 32 million, and shall recover damages for delay at the rate of 15% per annum, the agreed interest rate from January 14, 2014.

However, the statement of Gap evidence No. 1 alone is the only difference between the plaintiff and defendant Eul as alleged by the plaintiff.

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