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(영문) 인천지방법원 2021.03.19 2020가단237840
대여금 등
Text

The defendant shall pay to the plaintiff KRW 90,622,683 and KRW 68,00,000 among them, per annum from January 26, 2021 to the day of full payment.

Reasons

1. Facts of recognition;

A. The defendant was the plaintiff's workplace worker.

On July 2017, if the defendant received a loan from a financial institution in the name of the plaintiff and lent it to the defendant, the defendant paid all the amount of the loan principal and changed the debtor's name to the defendant three months after the date of the loan.

B. On July 25, 2017, the Plaintiff received a loan of KRW 29,00,000 from C bank, KRW 30,000,000 from D, and KRW 68,00,000 from E, through a loan brokerage company introduced by the Defendant, and transferred KRW 68,00,000 to the Defendant on July 26, 2017.

The monthly interest of the above three loans is 1,388,012 won in total.

(c)

From September 4, 2017 to June 1, 2020, the Defendant directly paid KRW 35,673,821 to the Plaintiff or offset the Defendant’s other claims against the Plaintiff.

[Grounds for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant borrowed KRW 68,00,00 from the Plaintiff on July 26, 2017 as interest rate of KRW 1,388,012 per month, and for three months of payment. KRW 35,673,821, which the Defendant paid to the Plaintiff, shall be appropriated for the repayment of interest or delayed damages for 42 months from July 26, 2017 to January 25, 2021, totaling KRW 58,296,504 ( KRW 1,38,012 x 42 months x 42 months). Accordingly, the Defendant is not obliged to pay the Plaintiff interest or delayed interest rate of KRW 68,622,683 ( KRW 68,00,000 or delayed interest rate of KRW 22,622,683, 208, 2063, and 3208, 2016.

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