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(영문) 울산지방법원 2014.06.17 2014가단1798
대여금
Text

1. The Defendants: (a) each Plaintiff KRW 30,000,000; and (b) as to Defendant B from December 3, 2013, May 2014.

Reasons

1. Basic facts

A. Defendant B borrowed KRW 30 million from the Plaintiff on September 9, 2010, and KRW 20 million from the Plaintiff on October 15, 2010.

B. Defendant B paid 12 million won to the Plaintiff thereafter.

C. Defendant B is the above.

On July 23, 2013, a public prosecution has been instituted on July 23, 2013, and is tried by the Ulsan District Court (2013dan2532). D.

Defendant C transferred 40 million won to the Plaintiff on September 30, 2013.

E. On October 1, 2013, the Plaintiff and Defendant B drafted a written agreement with the purport that they would settle in full the principal amount of KRW 50 million and interest of KRW 18 million under the said criminal trial.

F. On October 2, 2013, the Plaintiff remitted KRW 5 million to Defendant C, and D transferred KRW 5 million to Defendant C on the same day.

Defendant C remitted 10 million won to D on October 2, 2013.

G. On October 2, 2013, Defendant C entered into an agreement with the Plaintiff on October 2, 2013 with the effect that “38 million won shall be paid in 2 million won each month from October 2, 2013 to May 2, 2015, and shall be paid in 20 million won each month, and at least twice in arrears, at the time of arrears” (hereinafter “the instant loan agreement”). The Defendant C entered into a loan certificate that contains its content.

H. After the instant loan agreement, the Defendants paid KRW 2 million to the Plaintiff, and additionally paid KRW 6 million to the Plaintiff on February 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1, 2, the purport of the whole pleadings

2. Assertion and determination

A. (1) On October 1, 2013, the Plaintiff and the Defendants determined the repayment amount to the sum totaling KRW 50 million and interest KRW 18 million under an agreement on the said criminal trial against Defendant B on October 1, 2013.

Defendant C repaid KRW 40 million to the Plaintiff on September 30, 2013. However, Defendant C asked Defendant C to refund KRW 10 million out of the transferred money on October 2, 2013, and the Plaintiff returned KRW 10 million to Defendant C.

Therefore, the amount repaid by the Defendants became a total of 30 million won.

2.3.

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