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(영문) 서울북부지방법원 2017.05.11 2016가합930 (1)
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 500,000,000 and KRW 350,00,000 among the Plaintiff, both B and C, with full payment from July 1, 2013.

Reasons

1. Basic facts

A. On June 11, 2012, the Plaintiff: (a) lent KRW 100,000,000 to C; (b) KRW 120,000,000 following the loan (interest rate of KRW 10% per month; and (c) transferred the said money to B account; and (d) C re-transfered the said money to B’s account.

B. On July 24, 2012, the Plaintiff lent to C each amount of KRW 30 million, and KRW 70 million on July 26, 2012 of the same month (at least 10% per month, and within 18 days due date), and C re-transfer the said amount to B’s account.

C. C was convicted of the Seoul Central District Court on October 20, 2015, on the charge that the Plaintiff acquired the above loan amount of KRW 350 million from the Plaintiff, and the Defendant and B acquired the above loan amount of KRW 350 million from the Defendant and B.

On April 4, 2013, Defendant, B, and C issued a promissory note of KRW 500 million at face value to the Plaintiff, and the said KRW 500 million (interest of KRW 150 million from June 6, 2012 to June 30, 2013) was repaid until June 30, 2013, and paid damages for delay at a rate of 20% per annum after the due date.

[Grounds for recognition] Each entry of Gap evidence 1 to 3 (including branch numbers) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, pursuant to the agreement dated April 4, 2013, the Defendant and B, and C are obligated to pay to each Plaintiff damages for delay at the rate of 20% per annum from July 1, 2013 to the day of full payment with respect to KRW 50 million and principal amount of KRW 350 million, which is the following day of the due date.

3. The plaintiff's claim for conclusion is accepted in entirety.

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