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(영문) 창원지방법원마산지원 2016.01.14 2015가단7957
대여금반환
Text

1. Defendant B’s 40,000,000 won for the Plaintiff and 36% per annum from January 11, 2003 to June 29, 2007, and June 2007.

Reasons

1. Facts of recognition;

A. On April 11, 1998, under the agreement that the Defendants jointly and severally repay, the Plaintiff filed an application for a payment order with the Defendants for a loan of KRW 40 million at an annual interest rate of KRW 36% (hereinafter “instant loan”). “The Defendant jointly and severally filed an application with the Plaintiff for a payment order with the amount of KRW 40 million and the amount calculated at the rate of KRW 36% per annum from December 11, 1998 to the date of full payment.” The above payment order (hereinafter “instant payment order”) was served on the Defendants and became final and conclusive on July 3, 2004.

B. The Plaintiff filed a complaint against the Defendants on the charge of fraud by deceiving the instant loan from the Plaintiff even though the Defendants did not have the ability to repay, but was prosecuted by Defendant B, which was convicted, and Defendant C was subject to a disposition by the Prosecutor’s Office that the Defendants were suspected of being suspected.

Defendant B paid KRW 5 million to the Plaintiff on March 3, 2005, when the first instance court of the above criminal case (the Changwon District Court 2004 High Court 2932), and on March 3, 2005, the Defendant deposited KRW 50 million with the Plaintiff on February 13, 2006, where the appellate court [the Changwon District Court 2005No748, 2005No199 (Merger)] continued to have made a deposit.

C. The Plaintiff paid a total of KRW 55 million to Defendant B and appropriated the interest among the instant loan claims. Accordingly, the Plaintiff did not pay the principal amount of KRW 40 million among the instant loan claims and the interest accrued therefrom from January 11, 2003.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 8, 11, 15 through 18, Eul 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendants, who are jointly and severally liable for the Plaintiff’s assertion, jointly and severally liable, shall pay to the Plaintiff the amount of KRW 40 million with the outstanding principal and interest rate of KRW 36% per annum, which is the agreed interest rate from January 11, 2003 to the date of full payment.

(b).

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