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(영문) 서울남부지방법원 2018.09.07 2017가합112790
대여금
Text

1. The Defendant paid to the Plaintiff KRW 277,664,208, and KRW 277,332,48, out of the aforementioned money, from February 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. On March 2013, the Defendant loaned funds to the Plaintiff, the Plaintiff used them as pharmacy support funds, and offered interest of at least 5,000,000 won per month to the employees of the pharmaceutical company. The Plaintiff, on nine occasions, up to nine times, extended to the Defendant: (a) KRW 2,00,000 on March 29, 2012; (b) KRW 5,90,000,000 on April 2, 2012; and (c) KRW 10,00,000 on January 24, 2013; and (d) KRW 13,00,000 on July 23, 2013; and (e) KRW 10,000,000 on July 30, 2013; and (e) KRW 10,000,000 on March 13, 201, 2013.

B. In addition, the Defendant loaned 6,000,000 won or more per month to the Plaintiff, even though the Defendant had more than 10 existing pharmacies in the Daegu-gu Office C building with the Chairperson, and only one existing pharmacy has been leased. The Plaintiff operated the pharmacy on November 25, 2013 and operated the pharmacy on eight occasions, and the Plaintiff was 0,000,000 won or more per month on February 17, 2014, and 00,000,000,000 won on April 15, 2014, 30,000,000,000 won on April 28, 2014, and 12,000,000,000 won on August 28, 2014, 200, 3010,000 won or more per month on KRW 30,000,000,000 on August 16, 2014

C. By February 14, 2018, the Defendant repaid each of the amounts indicated in the repayment column to the Plaintiff on the date indicated in the separate sheet for calculation of appropriation amount in relation to each of the instant loans.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s determination as to the cause of the claim shall be based on the interest on the first loan of this case, except for KRW 1,00,000,000 paid once around 2015.

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