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(영문) 서울동부지방법원 2015.01.22 2014가단15461

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 25,00,000 won and the amount shall be from August 1, 2007 to June 23, 2014.

Reasons

1. Facts of recognition;

A. At the time of residing in Seongdong-gu Seoul Metropolitan Government, around 1995, the Plaintiff maintained friendship, such as the Plaintiff’s activities as members of the mountain conference, after becoming aware of the Plaintiff’s marital relationship between the Plaintiff and his adjoining land.

B. At the request of Defendant B, the Plaintiff transferred the total of KRW 15,00,000,000 to Defendant C’s financial institution account on January 7, 2004, and thereafter lent the total of KRW 15,00,000,000 on March 5, 2004.

(A) The Plaintiff borrowed the above KRW 4,900,000 on March 5, 2004, and transferred the remaining KRW 4,900,000 after deducting KRW 100,000 from the monthly interest on KRW 10,000 on January 7, 2004.

On October 7, 2004, the Plaintiff accepted a loan of KRW 10,000,000 in addition to the Defendant B’s request on October 7, 2004, and then received ombs from Defendant B, stating “B, as of October 7, 2004, by borrowing KRW 25,000,000,000.” and affixing Defendant B’s seal, it was written and delivered by Defendant B.

On October 8, 2004, the following day, the Plaintiff collected KRW 10,000,000 from the bank together with Defendant B, KRW 1,000,000, in total, KRW 10,000 in cash, and delivered it to Defendant B.

E. The Plaintiff and Defendant B agreed to pay KRW 300,000 per month interest on the above KRW 25,000,000.

F. Meanwhile, on January 7, 2004, Defendant C deposited KRW 9,000,000, out of KRW 10,000,000 remitted from the Plaintiff, as a check on the same day, and used part of the remaining KRW 1,00,000 for the payment of three public charges. On March 5, 2004, Defendant C received the said KRW 4,90,000 from the Plaintiff, and paid the said KRW 4,90,000 to the said money.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3, 5, Gap evidence 7-1 and 7-2, the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B shall pay the Plaintiff the above loan amount of KRW 25,000,000 and interest or delay damages thereon.