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(영문) 서울중앙지방법원 2015.01.13 2014가단120605

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Nonparty D (hereinafter “the deceased”) produced the Plaintiff between the former spouse E on February 1993 and the latter spouse E on or around January 2, 2005, and the latter was divorced from E on or around May 2005, and died as F and de facto marital couple on or around June 1, 2010.

B. On May 8, 2008, Defendant C, the representative director of Defendant B Co., Ltd. (hereinafter “Defendant C”), as his creditor, shall pay 100 million won to the Defendant Company at the rate of KRW 650,000 as of September 7, 2008. The interest shall be borrowed as of September 7, 2008. The Defendant C shall prepare a loan certificate (Evidence 3) stating that the Defendant Company’s debt shall be jointly and severally guaranteed, and the F shall receive KRW 9,180,000 from the deposit account in the name of F after deducting the loan expense from the money loaned by Korea Bank on the same day.

(hereinafter referred to as the "debted loan of this case"). (C)

The original copy of the above loan certificate is returned from Defendant C around February 2014, the deceased, and the plaintiff holds a copy.

[Ground of recognition] Evidence Nos. 1-1, 2, 3, 2, 4, Eul evidence Nos. 1, 3, and 4, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) As the Plaintiff succeeded to the Plaintiff’s claim against the Defendants, the Defendants are obligated to repay the instant loan to the Plaintiff. However, around May 24, 2010, the Defendant Company transferred the claim of KRW 25,185,238, which the Defendant Company owned to the Deceased for the repayment of the loan, to F, on behalf of the Deceased, the amount to be repaid to the Plaintiff is KRW 74,814,762, which is the lending date, subtracting the amount to be reimbursed to the Plaintiff from KRW 100,185,238,00,000, and from May 8, 2008, the date of delivery of a copy of the application for alteration of the purport of the instant claim and the cause of the claim, the agreement is the interest rate of KRW 7.8% per annum and delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings from the next day to the date of full payment.