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(영문) 대전고등법원 (청주) 2018.09.18 2016나12589
대여금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows.

Reasons

1. Facts of recognition;

A. The Defendant had engaged in credit business under the trade name of “G” in substantial Gu of Cheongju-si, and the Plaintiff A had been on duty at the lending company operated by the Defendant since 2008.

B. The Defendant borrowed money at a rate of 1.5% to 2% per month from the lender prior to the transfer of loan funds to a third party at a higher interest rate, thereby acquiring profits equivalent to the difference in fees or interest rates, and, with respect to real estate provided by a third party as security by the debtor, was conducting a business of establishing a collateral security in the name of the former owner.

On March 3, 2014 between the plaintiffs, etc. who have borrowed money from the plaintiffs, etc. to a third party and the plaintiffs, etc. who are creditors of the defendant, under the circumstances that the collection of the money borrowed from the plaintiffs, etc. is not well-grounded, the defendant paid to the plaintiff, the creditor of the defendant, and the defendant paid to the plaintiff up to 361,00,000 won for the amount of KRW A320,00,000, KRW B225,000,000, KRW C126,000, KRW 54,000, KRW 36,000,000, KRW 36,000 for the amount of KRW 361,00,000 for the debt of KRW 14,00,000 for the amount of KRW 20,000 for the remainder of KRW 61,00,000 for the defendant's debt of KRW 200,200 for the defendant's loan.

C. The Defendant, etc., on March 20, 2014 between the Plaintiffs, etc., bears a total of KRW 630,00,00 for the Plaintiffs, E, and F (the bond amount of KRW A 189,00,000, KRW B225,00,000, KRW C126,000, KRW E54,000,000, KRW 36,000, and KRW 36,000. Of them, the Defendant, etc., pays KRW 14,00,00 to the Plaintiff up to May 30, 2014, KRW 49,000,00 to the Plaintiffs, etc., up to KRW 163,30,00,00 until December 31, 2014, KRW 303,00,003,00 for KRW 303,036,303,306,36,205.

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