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(영문) 대전지방법원 2018.10.24 2017가단25991

대여금

Text

1. Defendant B’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 16, 2018 to October 24, 2018, and the following.

Reasons

1. Claim against the defendant B

A. 1) The Plaintiff paid money to the Defendant B as set out in the table 1 to 4 below [Attachment 1], and approved the clothes value of Defendant B as set out in the No. 5 of the same table (hereinafter “No. 0 money”).

(2) At the time of the payment of the first to third money, Defendant B transferred the said money to Defendant C’s deposit account under his name as a bad credit holder. As such, the said money was transferred to Defendant C’s deposit account, which is the ASEAN of Defendant B. On November 17, 2016, the method of Nos. 10,000,000, which was transferred to Defendant C head of the Tong on November 21, 2016, the money was transferred to Defendant C with Defendant C with KRW 6,00,000,000 on December 6, 2016, 2016, the money was transferred to Defendant C with KRW 361,00,000 (the sum of the money borrowed to Defendant C with KRW 50,500,000 on December 6, 32016, the sum of the money borrowed to Defendant C with KRW 361,201,200,200,201).

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Gap evidence No. 6, Eul evidence Nos. 1 and 2 (including additional numbers), the purport of the whole pleadings

B. The Plaintiff asserted that the Plaintiff lent the sum of KRW 3,122,000 in [Attachment 1] written to Defendant B.

Defendant B is obligated to pay to the Plaintiff the total amount of KRW 33,122,00 and the amount of KRW 15% per annum from the day following the day on which the copy of the instant complaint was served to the day of full payment.

(1) On November 17, 2017, the Plaintiff changed the damages for delay of the claim as above). (3)

Judgment

1) The fact that Defendant B received the money Nos. 1 and 2 from the Plaintiff and prepared the instant loan certificate with respect to the said money is as seen earlier.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 20,000,000 and damages for delay.

B. On this basis, Defendant B shall: