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(영문) 울산지방법원 2016.09.21 2016가단9789

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 33 million and the interest rate of KRW 15% per annum from August 13, 2016 to the day of complete payment.

Reasons

1. Claim against the defendant B

A. The Plaintiff, on June 22, 2012, lent KRW 50 million to Defendant B on the part of the Plaintiff, and the amount of which was not paid at present is KRW 33 million.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. The Plaintiff asserted that Defendant C is jointly and severally liable to pay KRW 33 million in the balance of the borrowed money, since Defendant C received and actually used 50 million lent to Defendant C as its own account.

Although there is no dispute between the parties that the Plaintiff remitted KRW 50 million to the account in the name of Defendant C, it is insufficient to recognize that Defendant C is the actual borrower of the said money, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's assertion is not accepted.