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(영문) 대구지방법원 2015.11.13 2015가단8626

대여금

Text

1. The Defendant: (a) KRW 19,00,000 to Plaintiff A; and (b) KRW 31,00,000 to Plaintiff B; and (c) from January 1, 2013 to each of the said money. < Amended by Act No. 13205, Jan. 1, 2013>

Reasons

1. Facts of recognition;

A. On September 18, 2012, Plaintiff B transferred KRW 10 million, including KRW 5 million of his own money and KRW 5 million of Plaintiff A’s money, to the Agricultural Cooperative Account (Account Number D) in the name of the Defendant.

B. On September 19, 2012, Plaintiff B transferred its money of KRW 10 million to the said account under the name of the Defendant.

C. On September 20, 2012, Plaintiff B transferred KRW 10 million in total to the said account under the name of the Defendant, including KRW 5 million in his own money and KRW 5 million in the Plaintiff A’s money.

Plaintiff

B transferred on September 21, 2012 the sum of KRW 3 million and KRW 7 million of Plaintiff A’s money to the said account in the name of the Defendant.

E. On September 24, 2012, Plaintiff B remitted the sum of KRW 8 million and KRW 2 million of Plaintiff A’s money to the said account under the name of the Defendant.

F. On September 26, 2012, E borrowed interest of KRW 50 million from the Plaintiffs at a rate of 3% per month (payment on the end of each month) and prepared a loan certificate to the effect that the said loan will be repaid by December 30, 2012 (hereinafter “the instant loan certificate”), and issued it to the Plaintiffs.

The Defendant entered and signed the name below the borrower’s name in the loan slip of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that the defendant is liable to pay the above loans and damages for delay from the day following the agreed payment date, since the plaintiff Eul loaned the money of KRW 31 million to the defendant 50,000,000 to the defendant under his name, the remaining KRW 19,000,000 to the plaintiff Eul and the remaining KRW 19,000 to the defendant.

As to this, the defendant was a person who lent funds to the "F" company operated by E, and the defendant received money from the plaintiffs to the passbook in the name of the defendant at the request of E while working in the above company, and immediately withdrawn money from E.