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(영문) 부산지방법원 동부지원 2018.04.03 2017가단3521

대여금

Text

1. The Plaintiff:

(a) Defendant B’s KRW 32,660,00 and for this, KRW 5% per annum from June 1, 2017 to February 28, 2018.

Reasons

1. In full view of each of the statements in evidence Nos. 1, 5, and 6 (including additional numbers) and the purport of the entire pleadings, it can be acknowledged that the Plaintiff, from July 8, 2013 to July 23, 2014, loaned money to Defendant B for several occasions, and the remaining amount of the loan as of July 23, 2014, was 43,900,000, and Defendant C, jointly and severally with Defendant B, agreed to pay KRW 20,000,000 out of the loan debt to the Plaintiff on July 23, 2014. < Amended by Presidential Decree No. 27017, Jul. 31, 2016>

2. Determination

A. According to the above facts of recognition as to Defendant B, Defendant B, at KRW 43,900,00, had the obligation to pay the loan amounting to KRW 11,240,000 (i.e., the sum of KRW 9,240,000,000, which Defendant C paid as stated in the table Nos. 8 through 30 attached hereto, and KRW 1,000,000, which was paid on January 31, 2017 by Defendant C, and KRW 32,60,000,000, which was paid on February 28, 2017; and damages for delay calculated from June 1, 2017 to February 26, 2018, which was sought by the Plaintiff, to Defendant B at the annual rate of KRW 15,55,00,000, which was calculated as follows:

The Plaintiff asserts that Defendant B is obligated to pay KRW 34,660,000 exceeding KRW 32,660,000. However, as seen earlier, the Plaintiff received KRW 11,240,000 out of KRW 43,90,00 from the Defendants, and there is no evidence to prove that the Plaintiff lent additional money to Defendant B after July 23, 2014, this part of the Plaintiff’s assertion is without merit.

B. According to the above facts of recognition as to Defendant C, Defendant C, jointly and severally with Defendant C, deducted KRW 2,000,000,000, which was paid by the Plaintiff from KRW 20,000,000, and the Civil Act from June 1, 2017 sought by the Plaintiff, to Defendant C during the period from February 26, 2018 when the application for change of the cause of claim was served on the Plaintiff on February 27, 2018.