(영문) 서울중앙지방법원 2016.05.18 2015가단185616

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(영문) 서울중앙지방법원 2016.05.18 2015가단185616

대여금

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1. The Defendant shall pay to the Plaintiff KRW 92,66,66 and KRW 40,000 among them, 30% per annum from October 1, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. On October 18, 2010, the Plaintiff asserted that the Plaintiff loaned KRW 40 million to the Defendant at the rate of 2.5% per month after the maturity of 40 months, and that the Defendant paid KRW 6 million interest, and that the remainder of the principal and interest should be paid to the Plaintiff.

The Defendant asserted that, while the Plaintiff’s wife C, who was in charge of the financial and accounting affairs of the Defendant Company, lent KRW 40 million from the Plaintiff, the Defendant requested the Plaintiff to prepare a loan certificate and did not confirm the contents D’s representative director D and prepared a loan certificate, but the amount actually deposited into the Defendant Company is only KRW 10 million.

B. The Plaintiff, based on the judgment, remitted the amount of KRW 10 million on November 11, 2009, KRW 8 million on February 23, 2010, and KRW 10 million on April 14, 2010 to the wife C’s deposit account. The Plaintiff borrowed KRW 20 million on May 20, 2010.

The representative director D of the defendant company engaged in the business with C and used C's passbook as the transaction passbook of the defendant company.

The Plaintiff deposited KRW 10 million to the Defendant around October 18, 2010, and the representative director D of the Defendant Company borrowed KRW 40 million to the Plaintiff and paid the interest of KRW 2.5% per month on the 15th day of each month, and the principal shall be repaid KRW 100,000 per month for 40 months from October 201.

“,” has drawn up a certificate of borrowing.

(C) In full view of the above facts, it is reasonable to deem that Defendant D’s representative director, who borrowed KRW 30 million from the Plaintiff from November 11, 2009 to May 20, 201, and prepared a certificate of borrowing KRW 40 million from the Plaintiff around October 18, 2010, while borrowing KRW 10 million from the Plaintiff.

The contents of the loan certificate are 2.5% interest per month on the loan 40 million won, and the principal is paid in installments over 40 million won per month, so the repayment period for all principal has arrived on January 2015, the 40th month.

C. The Plaintiff shall pay the principal of the loan 40,000.

유사 판례

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