beta
(영문) 대전지방법원 2019.03.14 2017가단23759

대여금

Text

1. As to KRW 52,700,000 and KRW 51,00,00 among the Plaintiff, Defendant (Appointed Party) shall start from May 26, 2017.

Reasons

1. The Plaintiff’s assertion that the Defendant (Appointed Party) and the Defendant C have been appointed as one’s husband and wife, and the Plaintiff had lent money to the Defendant (Appointed Party) and the appointed parties D and C through Pro-Japanese. On June 22, 2012, the Plaintiff lent KRW 11,00,000 to the Defendant C on December 30, 2012 with interest rate of KRW 20,000 on July 23, 2013 (hereinafter “loan”), KRW 20,000,000 to the Defendant (Appointed Party) on July 23, 2013, KRW 20,000,000 to 20,000 and KRW 20,000 to 20,000 as interest rate of KRW 20,000 on October 23, 2014 and KRW 2.5% as interest rate of KRW 30,000 on September 24, 2013 (hereinafter “Loan”).

(5) Therefore, the Defendant (Appointed Party) and the Appointed Party D are jointly and severally liable to pay to the Plaintiff the amount of KRW 30,000,000 in total, the amount of the loan, KRW 23,700,000 in total, and KRW 23,700,00 in total, and KRW 11,00,000 in loan and interest thereon.

In light of the circumstances leading up to the lending of each of the above loans and the allegations by the parties revealed in the proceedings of this case, it is reasonable to deem that the Plaintiff asserted that the Defendant (Appointed Party) directly borrowed not only the assertion that the Defendant (Appointed Party) guaranteed the principal debtor’s obligation, but also directly borrowed the loans. Accordingly, the Defendant (Appointed Party), as to the grounds for the claim against the appointed party, assertion that the loans are ①, ③, and ④ the principal debtor of the loans.