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(영문) 수원지방법원 2021.02.23 2020가단518232

대여금

Text

Defendant B shall pay to the Plaintiff KRW 80,000,000 as well as 12% per annum from June 4, 2020 to the day of complete payment.

Reasons

1. The fact that the Plaintiff loans the total amount of KRW 80,000,000 to Defendant B, KRW 5,000,000 on December 12, 2019, KRW 40,000 on December 12, 2019, KRW 30,000 on December 13, 2019, KRW 80,000 on December 13, 2019, and KRW 13,000 on December 13, 2019, and KRW 4,00 on December 13, 2019, is no dispute between the parties.

According to the above facts, Defendant B is obligated to pay to the Plaintiff the amount of KRW 80,000,000 with interest calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 4, 2020 to the date of full payment, as the Plaintiff seeks.

2. Determination as to the claim against Defendant C

A. The plaintiff asserted by the parties, since the defendant C borrowed the above money from the plaintiff together with the defendant Eul, the defendant C is jointly and severally liable with the defendant C to pay the plaintiff the loan amount of KRW 80,000,000 and the delayed damages.

The argument is asserted.

As to this, Defendant C claimed that Defendant B was invested in the above money from the Plaintiff, and that himself was a live-in partner of Defendant B and delivered a certificate of seal imprint to the Plaintiff at the Plaintiff’s request, and that he was not liable for the said investment amount.

B. In full view of the overall purport of the statements and changes in evidence Nos. 1 and 2, the Plaintiff’s deposit of KRW 75,000,000 out of KRW 80,000 lent to Defendant B ( KRW 40,000,000 on December 12, 2019, KRW 30,000 on December 13, 2019, KRW 30,000 on December 13, 2019, KRW 5,000,000 on December 13, 2019, and KRW 5,000,000 on December 13, 2019) with the account under Defendant C’s name. The fact that Defendant C obtained a certificate of seal impression issued on December 12, 2019 can be recognized.

However, the above facts alone are that the Plaintiff lent the above KRW 80,000,000 to Defendant C.

The recognition is insufficient, and there is no other evidence to prove it.

Therefore, this part of the plaintiff's assertion is without merit.

3. Thus, the plaintiff's claim against the defendant B is justified, and it is accepted by the defendant C.