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(영문) 대전지방법원홍성지원 2019.01.16 2018가단1896
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 75 million and the interest rate of KRW 13% per annum from November 9, 2017 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that Defendant B lent KRW 21 billion to Defendant B at an annual interest rate of 13% from February 4, 2013 to September 12, 2017.

Defendant B borrowed as business funds, and the business entity (D) operated by the Defendants is in the name of Defendant C, and Defendant C recognizes the above obligation and obligation between the Plaintiff and Defendant B.

Therefore, the Defendants jointly have the obligation to pay the principal of KRW 78 million and its delay damages remaining to the Plaintiff.

B. In full view of the following facts and circumstances, it is reasonable to view that the Plaintiff and Defendant B agreed to pay the existing loan amounting to KRW 90 million on May 17, 2016 as KRW 90,00,000 and KRW 1 million per month, by comprehensively taking into account the following facts and circumstances acknowledged by comprehensively taking into account the respective descriptions of evidence Nos. 1 and 4-1 through 3, A, 7, 8, and 10,000,000 per month.

① Upon Defendant B’s request, the Plaintiff, who operated the restaurant, transferred the total of KRW 179 million from February 4, 2013 to May 17, 2016 to Defendant B’s account in cash or in the name of Defendant B.

(Attachment 340,000 won, each of the 6,00,000 won of the loan transactions in the attached Form 36,000 won, was immediately withdrawn and paid upon Defendant B’s request, and was withdrawn and delivered to Defendant B on the same day with each of the six million won accounts in the name of E and F, which are the Plaintiff’s children. Thus, the above KRW 12,00,000,000,000,000, which is up to May 13, 2016, deducted the above KRW 191,00,000,000 from the loan to the above KRW 12,00,000,000,000,000 won, was determined on May 17, 2016 by Defendant B with the Plaintiff’s annual interest rate of KRW 13,000,0000,000,0000,000,000,000.

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