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(영문) 서울남부지방법원 2015.04.02 2014가합102471
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff has invested a total of KRW 0 million or KRW 00 million in the age clubs, singing clubs, etc. while assisting the tax bookkeeping at a certified tax accountant office.

B. The Plaintiff and the Defendant, as they came to know of 2005, asserted on their own, had the Plaintiff and the Defendant run a unregistered bond business in a size equal to KRW 00 million or KRW 00 million with money borrowed from a son, son, relatives, etc., and had engaged in a transaction of money amounting to KRW 00 million through the Plaintiff, the Defendant’s family, relatives, and son’s account from around 2005 to around 2010, and the Plaintiff had the Plaintiff borrowed or borrowed money through the Defendant’s account when doing money transaction with another person.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination as to the cause of action

A. On October 10, 2007, the plaintiff's assertion 100 million won claim is asserted by the parties. On October 10, 2007, the plaintiff's assertion was requested by the defendant to lend KRW 100 million to the plaintiff's supplementary intervenor (hereinafter "B"), and borrowed KRW 100 million from D at the monthly interest rate of 2.5%, and lent it under the same condition to the defendant. The defendant deposited KRW 99 million to B.

From November 9, 2007 to May 11, 2008, the Defendant paid to the Plaintiff KRW 2.5 million per month agreed upon, and delayed payment of interest thereafter, and repaid KRW 45 million from January 21, 2010 to January 201, 2010, out of the interest amount of KRW 50 million during the 20-month period from June 21, 2008 to January 201, and the Plaintiff appropriated it to the interest amount of KRW 18-month period from November 11, 2009.

Therefore, the Defendant is obliged to pay the Plaintiff the overdue interest from November 12, 2009, which is the day following the last payment day of the agreed interest.

B. The defendant's argument that the plaintiff borrowed KRW 100 million from D to B, and used the defendant's account in order to seem to have been lent by the defendant, and the defendant is KRW 100 million to the plaintiff.

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