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(영문) 대전지방법원 2018.08.09 2016가단218659

구상금

Text

1. Of the instant lawsuit, the claim amount of KRW 2,460,000 due to the substitute payment for loans and the deposit amount of KRW 2,460,00.

Reasons

1. The plaintiff's assertion

A. A. Around February 23, 2015, the repayment of loans to the Defendant was leased KRW 5 million from the Samsung Card Co., Ltd., and lent KRW 2 million among them to the Defendant, and the Plaintiff made a verbal guarantee against the Defendant’s debt.

After that, the Plaintiff deposited KRW 940,000 on August 18, 2015 into the Defendant’s Han Bank account (Evidence A8) and deposited KRW 1180,000 on August 25, 201 into the Defendant’s Han Bank account (Evidence A8 and 9) and made it possible for the Defendant to repay the above debt to the Samsung Card Co., Ltd.

In addition, around April 17, 2015, C borrowed 5 million won from the Hansung Savings Bank to the defendant and lent it to the defendant. Even at that time, the plaintiff made a verbal guarantee for the defendant's obligation to C.

However, on September 10, 2015, the Plaintiff paid 4,657,859 won out of the above money to the Hansung Savings Bank and did not pay 3,42,141 won, and the Plaintiff paid 3,40,000 won to the above C in cash, and C repaid the unpaid amount to the above Savings Bank.

(Witness C’s Witness) Therefore, the Defendant should pay the Plaintiff the sum of KRW 2.46 million (= KRW 1.180,000,000).

B. The loan repayment by the lending company was guaranteed by the Plaintiff when the Defendant received a loan of KRW 3 million from the Lone Star Lone Star Loan and KRW 3 million from the Lone Star Loan.

After all, the Defendant’s failure to repay the above loans, and the Plaintiff paid the above loans KRW 3,076,733 on October 22, 2015 (Evidence 1-1), and the above loans KRW 3,090,436 on October 26, 2015 (Evidence 3-2) on behalf of the Plaintiff.

Therefore, the defendant should pay 6,167,169 won to the plaintiff.

C. The Defendant: (a) opened on June 15, 2014, and closed on July 15, 2016, received KRW 30,90,000,000,000,000,000,000,000,000,000,000,000 from June 15, 2014; (b) thereafter, the Defendant received KRW 1,50,000 per month as to the monthly payment.