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(영문) 인천지방법원 2016.11.09 2015가단71190

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The parties' assertion

A. On April 29, 2014, the Plaintiff transferred KRW 57,000,000, which deducted the interest paid to the Defendant on April 29, 2014, to the Defendant, 60,000 during the lending period of 3 months and interest rate of 2.5%.

In accordance with the direction of the defendant, the plaintiff prepared the letter of delegation (No. 2) with the following facts: (a) to confirm the defendant's share in the amount of the establishment of the right to collateral security on April 29, 2014; (b) to confirm the plaintiff's share in the amount of the right to collateral security (No. 9-1); (c) to confirm the plaintiff's share in the amount of the right to collateral security (No. 9-1); and (d) to confirm the plaintiff's share in the amount of the right to collateral security on April 29, 2014 (No. 160,000 won), the defendant was aware of the establishment of the right to collateral security and the above complaint.

Therefore, the defendant is obligated to pay to the plaintiff KRW 60,000,000 and delay damages.

B. Around April 2014, Defendant C requested the Defendant to lend KRW 160,00,000 to the Defendant for the remainder of KRW 160,000 to take over G located in Incheon Jung-gu, Incheon. Upon introduction by the Defendant, C visited the Plaintiff and I directly with H, a certified judicial scrivener, and requested for a loan. The Plaintiff remitted KRW 57,00,000,000 to the Defendant’s account to lend KRW 60,000,000, after deducting the interest on two-months from the Defendant’s account. The Defendant paid the said money to C on the same day, and I also lent KRW 50,00,000 to C on the same day under the name of Party E, and thus the Defendant did not borrow the said money from the Plaintiff.

2. Facts of recognition;

A. On January 29, 2014, the Defendant lent money to C, and C, on January 29, 2014, on which January 2014, the Defendant set the first priority collateral security right to KRW 150,000,000 for the maximum debt amount with respect to 3,545 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, JJ owned by the Defendant.

B. The Defendant lent KRW 100,000,000 to C on April 1, 2014, and KRW 50,000,000 to C on the same day, and C.