logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.05.24 2017가단236743
대여금
Text

1. The Defendant’s KRW 14,820,00 for the Plaintiff and KRW 5% per annum from February 16, 2017 to May 24, 2019.

Reasons

1. The Defendant entered into an agreement with C to pay 10% of the profits of 10% in two weeks if the Defendant directly invests with C, and 12% in three weeks, and to pay the profits of 5 to the Defendant, who introduced the investors and the Defendant who introduced the investors, respectively.

The Plaintiff’s KRW 5,00,000 on October 10, 2016, KRW 5,000,000 on or around October 31, 2016, KRW 20,000 on or around November 9, 2016, KRW 10,000 on or around December 14, 2016, KRW 10,000 on or around December 14, 2016, and KRW 10,000 on or around January 15, 2017, and KRW 60,000,000 on or around February 6, 2017.

The Defendant remitted the Plaintiff. The Defendant transferred KRW 250,00 on October 31, 2016, KRW 500,000 on November 22, 2016, KRW 1,000 on November 23, 2016, KRW 500,000 on December 23, 2016, KRW 50,000 on December 12, 2016, KRW 800,00 on December 14, 200 on the same month, KRW 1,50,00 on the 28th day of the same month, KRW 60,00 on January 3, 207, KRW 1,500 on the 120,00 on the 16th day of the same month, KRW 50,00 on the 16.50,00 on the 16.50,00 on the 16th day of the same month, and KRW 10,5010 on the 201 month.

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

A. The Plaintiff asserted that at the Defendant’s request, the Defendant lent the instant loan to the Defendant, and received KRW 22,950,000,00 from the Defendant for the interest corresponding to 5-6% of the monthly interest on the loan. The Plaintiff asserted that the interest rate calculated pursuant to the Interest Limitation Act, and that the remainder of the loan principal as of February 16, 2017 is 39,704,710, and that the Defendant should pay the said loan principal and damages for delay.

In this regard, the defendant asserted that the money of this case was transferred to C immediately upon the plaintiff's request by the defendant with the money invested to C.

B. Where money is remitted to another person’s deposit account, the remittance is based on various legal causes, such as loans for consumption, donation, repayment, entrustment of custody or delivery.

arrow