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(영문) 의정부지방법원고양지원 2015.12.18 2014가단70934

대여금

Text

1. Defendants C and D Co., Ltd. shall jointly and severally serve as KRW 100,00,000 for the Plaintiff and as from September 1, 2011 to July 14, 2014.

Reasons

1. Determination as to Defendant B

A. The Plaintiff, as the cause of the instant claim, proposed that Defendant B, who engages in credit business, would be jointly and severally liable if it lends funds to Defendant D Co., Ltd. (hereinafter “Defendant Company”), which is operated by Defendant C, and loaned KRW 100 million to Defendant B on June 27, 201, and KRW 80 million on July 5, 201, and KRW 2250,000,000 per annum on July 20, 201 and KRW 277% per annum on August 24, 2011. In so doing, the Plaintiff asserted that Defendant B was reimbursed on July 20, 201 and August 24, 2011.

B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 5, Defendant B was a person engaged in credit business, introduction, and good offices; the Plaintiff transferred to Defendant B a total of KRW 100 million on June 27, 2011, and KRW 80 million on July 5, 201 (hereinafter “instant remittance”); and Defendant B received KRW 250,000,000 from Defendant B on July 20, 201 and August 24, 2011.

C. However, comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 3, 4, 6, and Eul evidence Nos. 4, and witness Eul's testimony, the defendant C and the defendant company prepared and delivered, on June 27, 201, a certificate of loan with the purport of borrowing 100 million won of the leased principal, interest 2.5% per month, and 3.5% per month in arrears, to the plaintiff. On June 27, 2011, the defendant C and the defendant company entered into a sales contract with the plaintiff on June 27, 2011, stating that "Seoul F apartment B 201" (hereinafter "the apartment of this case") in which the defendant company sold in lots with the plaintiff on June 27, 2011 shall be sold at KRW 320 million, and on November 5, 2012, the defendant C and the defendant did not have any responsibility to deliver a promissory note to the plaintiff on June 27, 2011>

In addition, Gap evidence 15-1 and Eul evidence 3.