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(영문) 대구지방법원포항지원 2016.12.22 2016가단102700
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 82,00,000 and interest rate of KRW 15% per annum from June 8, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to Defendant B several times from March 2013 to November 2015.

① 50 million won: To pay KRW 2.5 million each month from November 25, 2015 to December 25, 2017; ② to pay KRW 14 million each month: From December 2015 to December 25, 2017: To pay KRW 1.0 million each month: To pay KRW 310 million: From November 30, 2015 to 24 months; to pay KRW 50 million each month; to pay KRW 30 million; to pay KRW 50,000,000 each month; to pay KRW 30,000,000; to pay KRW 24,000 by purchasing the Korea-style Smart Life Insurance Co., Ltd. (the Plaintiff was an employee of the insurance company) handled by the Plaintiff;

B. Around November 2015, Defendant B decided to repay the Plaintiff a total of KRW 74 million to the Plaintiff in the following manner in order to settle the Plaintiff’s debt owed to the Plaintiff. Around that time, Defendant C, the husband of Defendant B, was jointly and severally guaranteed the part of KRW 50 million (the following part).

C. Defendant B promised to pay in installments the sum of KRW 74 million as stated in the above B B, but did not comply with it.

On the other hand, upon Defendant B’s request, the Plaintiff paid 5 million won wage obligations to the above Defendant D and 3 million won wage obligations to E on behalf of the said Defendant.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 3 (including virtual numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the loan and the amount of subrogated payment totaling KRW 82 million (i.e., the sum of KRW 74 million agreed to repay on November 2015; ② the Plaintiff’s repayment on behalf of the Defendant B); and damages for delay thereof; and Defendant C is jointly and severally and severally liable with Defendant B to pay the amount of KRW 50 million and damages for delay.

B. As to the Defendants’ assertion 1, the Defendants are at least 7 to 10% per month in the course of lending money to Defendant B several times.

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