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(영문) 서울중앙지방법원 2016.12.22 2016가합549238
대여금
Text

1. The defendant,

A. 40 million won to Plaintiff A and 24% per annum from June 30, 2008 to the day of complete payment.

Reasons

1. Indication of claim;

A. In around 2008, the Defendant: (a) operated “G” with her husband in Guro-gu Seoul Metropolitan Government F, and (b) borrowed money from the her husband as the deficit accumulated; and (c) borrowed operating expenses and corporate bonds interest, etc., of “G” from the her husband.

B. The Defendant, Plaintiff A, and Plaintiff A loaned KRW 10 million on June 23, 2008, KRW 30 million on June 30, 2008, KRW 20% on interest monthly, and Plaintiff B loaned KRW 40 million on June 29, 2009, KRW 20% on interest monthly, and Plaintiff C lent KRW 40 million on December 21, 2009, KRW 2% on interest monthly, and KRW 50 million on May 31, 2010 to KRW 1.5% on interest monthly.

However, the defendant did not pay the principal or interest on each of the above amounts to the plaintiffs.

C. Accordingly, the Plaintiffs filed a complaint against the Defendant on the charge of fraud, and the Defendant was found guilty of fraud by Seoul Southern District Court Decision 2015Ra135, and was sentenced to imprisonment with labor for one year and six months.

Therefore, the defendant is obligated to pay each of the above loans and interest or damages for delay to the plaintiffs.

2. Judgment with no applicable provisions of Acts (Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act);

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