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(영문) 서울중앙지방법원 2018.11.29 2018가단5097944

대출금

Text

1. The Defendant shall pay to the Plaintiff KRW 516,144,255 and the interest rate of KRW 24% per annum from November 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. With respect to loans of KRW 1.75 billion, a credit transaction agreement was made on February 17, 2016, with the agreed interest rate of KRW 12% per annum, 24% per annum, and 24% per annum, and with respect to the total amount of principal and interest at maturity and the Defendant (former: C Co., Ltd.) and the Defendant (former: D Co., Ltd.)’s name on February 17, 2015.

(hereinafter “instant loan agreement”). (b)

On February 17, 2015, the Plaintiff remitted KRW 1.750 million to the Defendant according to the instant loan agreement.

On the same day, the defendant remitted the above money of KRW 1.75 billion to E Co., Ltd. (hereinafter referred to as “E”).

C. The loan balance under the instant loan agreement as of November 15, 2017 is KRW 516,14,255 as follows.

40,810,810,88,867,988,000 432,012,012,867,988,867,988,98888, 2012, 867, 9888, 758, 035, 918-18-200,4200,640,020,000, 200,021 53,832,00,00,000,00,000,000,000,000,00,000,00,000,00,000,0758,00,000, 210,000,000,000,000,000,000,0000 40,815,315,637,16467

2. Determination

A. According to the above facts of recognition as the cause of the claim, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 516,144,255 and the delay damages.

B. The defendant's assertion argues that E borrowed the name of the defendant and entered into the instant loan agreement with the plaintiff, thus the debtor is E.

The following circumstances, which can be recognized based on the above facts and evidence, include ① the nominal owner of the loan contract of this case (A1); ② the loan amounting to KRW 9.466 billion on the Notarial Deed of Money Loan Agreement drawn up on December 17, 2015 between the Defendant and E, includes KRW 1.755 billion, which the Defendant remitted to E on February 17, 2015, and the Defendant executes compulsory execution of E’s property (A. 5,6); ③ the Plaintiff and the Defendant.