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(영문) 서울중앙지방법원 2017.07.12 2016가단70810

대여금

Text

1. The Defendant: (a) KRW 26,600,000 for the Plaintiff and KRW 25% per annum from December 1, 2015 to May 10, 2016; and (b).

Reasons

Basic Facts

The Plaintiff was friendly with the Defendant and his former wife C, and loaned KRW 27,20,00,000 from the Plaintiff’s account of D to the Defendant’s corporate bank account transfer from the Plaintiff’s account to the Defendant’s corporate bank account, without preparing a loan certificate. < Amended by Presidential Decree No. 2426, Jan. 13, 2013; Presidential Decree No. 25077, Jan. 29, 2014; Presidential Decree No. 25077, Feb. 60, 2014; Presidential Decree No. 25787, Oct. 14, 2014; Presidential Decree No. 25079, Feb. 11, 2014; Presidential Decree No. 25075, Oct. 14, 2013; Presidential Decree No. 25070, Feb. 60, 2000>

C Upon receipt of a loan from the Plaintiff, he/she transferred part of the loan to the Defendant’s corporate bank account that he/she manages as the passbook for living expenses, and used it for the use of oil station, restaurant, marina, telephone charge, medical institution, kindergarten, private teaching institute, taxi expenses, etc., and the remainder was placed in the account of the ASEAN for the use of gas, card price, apartment management fee, etc.

C As a director becomes a director, at the time of preparing a notarial deed for a monetary loan for consumption in the Plaintiff’s future, on November 2, 2015, the Plaintiff appeared at a notary office and the Plaintiff loaned C the amount of KRW 26,60,000 on November 2, 2014, and there is no agreement on interest, and if the due date is not paid within the due date, the interest was set on November 30, 2015, and the repayment was made by adding the delay damages calculated at the rate of 25% per annum.

The defendant was divorced on June 7, 2016 from C and C.

[Ground of recognition] There is no dispute, entry of Gap evidence 1 through 9, the purport of the whole pleadings.

Husband and wife of the obligation to pay a loan on the cause of a claim has the right of representation on the daily home affairs (Article 827(1) of the Civil Act). If one side of the couple and wife do a juristic act with a third party on the daily home affairs, the other side shall be jointly and severally liable for the obligation arising therefrom.

(Article 832 of the Civil Act). According to the above facts, C borrowed a sum of KRW 27,200,000 on several occasions from the Plaintiff for a period from October 14, 2013 to February 11, 2014, and such money is necessary for a couple’s communal living with the Defendant.