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(영문) 서울중앙지방법원 2014.07.11 2013가합6709

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest rate thereon from July 11, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff issued to Defendant B and C (hereinafter “Defendant B, etc.”) a cashier’s check amounting to KRW 300 million on October 30, 2007 and KRW 100 million on November 1, 2007.

B. On October 30, 2007, the Plaintiff received part of the claim amounting to KRW 2.73 billion (hereinafter “the claim in this case”) that Defendant B, etc. possessed by Defendant B, etc. with respect to the Defendant Digital Holdings Holdings and D (hereinafter “Defendant D, etc.”).

C. On October 30, 2007, Defendant D et al. prepared and issued a promissory note No. 2.730,000 won in face value (hereinafter “instant promissory note No. notarial deed”) with the Plaintiff and E (the Defendant B et al. was transferred as his agent) as the addressee.

[Ground of recognition] B B: The absence of dispute, entry of evidence Nos. 2 and 3, the purport of the whole pleadings, and the relationship between the plaintiffs and defendant D, etc.: Confession (Article 150(3) of the Civil Procedure Act)

2. Determination as to the claim against the defendant B, etc.

A. The plaintiff alleged in 1) The plaintiff paid KRW 300 million to the defendant B, etc. as the basic facts and lent part of the claim in this case as a security. Thus, the defendant B, etc. is jointly obligated to pay the above KRW 300 million and damages for delay thereof to the plaintiff. In this regard, the defendant B, etc. claimed that the payment of KRW 300 million from the plaintiff was paid to the plaintiff as the price for the transfer of the claim in this case, and therefore, the plaintiff is not obligated to pay the above KRW 300 million to the plaintiff.

B. Determination 1) In light of the following circumstances, it is recognized that the Plaintiff paid KRW 300 million to Defendant B, etc., as the basic facts, and the written evidence Nos. 1, 1, 4, and 7 through 9 (including each number, based on the overall purport of the pleadings).

① Defendant B shall be the Plaintiff around July 2012.