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(영문) 서울중앙지방법원 2016.03.11 2015가단67435

대여금

Text

1. The defendant shall be the plaintiff.

(a) KRW 20,00,000 and for this, KRW 5% per annum from December 18, 2009 to March 20, 2015; and

Reasons

1. Basic facts

A. A. A. Around March 12, 2009, the Defendant loaned KRW 20 million to the Plaintiff upon C’s request. Around March 12, 2009, upon the Plaintiff’s request, the Plaintiff loaned KRW 20 million to the Plaintiff. Accordingly, the Plaintiff signed the Plaintiff’s name after stating “The date of issuance: March 12, 2009; D Co., Ltd.; the date of payment; the place of payment: August 15, 2009; the place of payment: the Korea Standards D Co., Ltd.).”

3) On November 24, 2009, the Defendant regularly borrowed the amount of KRW 20 million to the Plaintiff on the confirmation letter stating that the Defendant promised to repay the bills by December 17, 2009 (hereinafter “the meaning of the bill”) and entered his resident registration number in his name. (b) around November 24, 2009, the Defendant agreed to additionally lend the amount of KRW 20 million to the Plaintiff upon request of C upon receiving a request from C.

Accordingly, the Plaintiff issued the Defendant a total of KRW 20 million with a cashier’s check issued by the National Bank.

2) Upon receipt of cashier’s checks as above, the Defendant regularly borrowed KRW 20 million to the Plaintiff. The Defendant signed his/her name in the confirmation document stating that “The Plaintiff promised to repay up to January 31, 2010 with the entry with C,” and entered his/her resident registration number in the document. [In the absence of any dispute over the grounds for recognition, the entries in the evidence No. 1, No. 1-2, No. 2, and No. 2-1, No. 12, and the purport of the entire pleadings, as a whole.

2. According to the above facts finding as to the cause of the claim, even if the person who actually used money is not the defendant but C, the defendant prepared and delivered a loan certificate to the plaintiff and expressed his intent to repay the above loan amount as the guarantor of C substitute or C. Thus, barring any special circumstance, the defendant shall pay the plaintiff the above loan amount of KRW 20 million and the above loan amount of KRW 20 million.