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(영문) 광주지방법원 2019.01.31 2018가합57082
대여금
Text

1. The part concerning the claim for the amount of takeover in the lawsuit of this case shall be dismissed.

2. The defendant shall pay 150,000,000 won to the plaintiff and this shall apply to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s remittance details (1) from the Plaintiff’s DNA bank account to the Defendant’s E account (hereinafter “Defendant’s account”) on October 8, 2012, KRW 50 million was remitted.

(2) From the Plaintiff’s Fbank account to the Defendant’s account on April 19, 2013, KRW 100 million was remitted.

B. The details of the transfer of the network G (1) from the network G account (hereinafter “the network”) to the Defendant’s account on October 5, 2012. The KRW 10 million was remitted from the deceased’s I company account to the Defendant’s account on the same day.

(2) From the deceased’s Hbank account to the Defendant’s account on December 22, 2015, KRW 50 million was remitted.

C. (1) The Deceased died on November 5, 2016, and his heir is the Plaintiff’s Intervenor, J, K, and L, a sibling of the Deceased.

(2) Around May 2018, J, K, and L, among the inheritors of the Deceased, drafted a claim acquisition agreement with the effect that each of the claims of KRW 25 million inherited from the Deceased’s account (a total of KRW 75 million) is transferred to the Plaintiff among the claims for KRW 100 million transferred from the Deceased’s account to the Defendant (hereinafter “instant claim acquisition agreement”). On June 11, 2018, the Defendant notified the Defendant of each of the above assignment of claims.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 4, 5, 9 through 13, Eul evidence Nos. 3, as a result of this court's order to submit financial transaction information to Co., Ltd. and E/M branch, the purport of this court's inquiry of facts to the head of Gwangju Metropolitan City and the head of Gwangju Metropolitan City, the purport of the whole pleadings and arguments

2. Determination as to the claim for a loan (the principal claim)

A. (1) The Plaintiff, upon the introduction of the Deceased, set the interest rate of KRW 250 million (= KRW 150 million (the details of remittance by the Plaintiff) as KRW 100 million (the details of remittance by the deceased) per month (the interest rate of KRW 1% per month on April 2015), and lent the period of reimbursement to the Defendant without set.

Therefore, the Defendant’s loan amounting to KRW 225 million = 15.5 billion.

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