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(영문) 의정부지방법원 2015.08.19 2014가합51692
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 104,990,161 as well as KRW 90,000 among them, from March 30, 2012 to the date of full payment.

Reasons

1. The parties' assertion

A. Upon the request of D, an employee of C Hospital operated by the Defendant, the Plaintiff claimed that the Plaintiff lent KRW 40 million to the Defendant on February 28, 201, and KRW 50 million on March 21, 201, respectively, at the rate of 4% per month. The Plaintiff partially received money from the Defendant as follows.

Therefore, the Defendant is obligated to pay interest or delay damages calculated at the rate of 30% per annum from March 22, 2011, which is the date following the last payment date of the leased principal to March 29, 2012, calculated by deducting the interest received by the Plaintiff from the interest calculated at the rate of 30% per annum under the Interest Limitation Act, which is the last payment date of the Defendant’s last payment date of the leased principal, to March 29, 2012. The Defendant is obligated to pay interest or delay damages calculated at the rate of 105,065,752 won per annum and 90,000 won per annum from March 30, 2012 to the date of full payment of the leased principal.

B. The Defendant’s assertion did not borrow money from the Plaintiff, and KRW 90,000,00,000, which was transferred to the account under the name of the Defendant, did not directly borrow money from the Plaintiff, but the Defendant borrowed money from the Plaintiff. The Defendant repaid the money to D during the period from July 26, 201 to August 25, 201.

2. Facts of recognition;

A. The Defendant is operating C Hospital, and D was in charge of attracting patients with the position of the Deputy Director from December 2, 2009 to September 201, 201.

B. Upon D’s request, on February 28, 201, the Plaintiff transferred KRW 40,000 to a deposit account (Account Number: E) in the Defendant’s name, and on March 21, 201, KRW 50,000 to a deposit account (Account Number:F) in the Defendant’s name.

C. The above KRW 90,00 transferred by the Plaintiff was disbursed for hospital operation expenses, such as wages of employees of the Defendant hospital and supply of goods to the suppliers on the date of transfer.

Since then, the bank account (Account Number): KRW 3.6 million on June 2, 201 (H) and KRW 3.0 million on August 26, 201.

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