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(영문) 춘천지방법원강릉지원 2015.05.27 2014가단202970

대여금

Text

1. Defendants B and C shall jointly and severally pay KRW 100 million to the Plaintiff as well as 30% per annum from April 19, 201 to the day of complete payment.

Reasons

1. Claim against Defendant B and C

A. (1) On April 18, 201, the Plaintiff: (a) lent KRW 100 million to Defendant C by setting the interest rate of KRW 3% per month; and (b) on April 17, 2012, respectively; (c) at the time, Defendant C was issued a certificate of borrowing the instant loan with Defendant B, the mother of which, as the debtor, as the debtor, as to the instant loan.

(2) In addition, on April 21, 2011, the Plaintiff completed the registration of the right to claim ownership transfer on April 18, 201 with respect to the real estate listed in the separate sheet owned by Defendant B (hereinafter “instant real estate”).

(3) However, the Plaintiff did not receive any agreed interest on the instant loan from Defendant B and C, and did not receive the instant loan even after the due date expires.

[Ground of recognition] Facts without dispute, Gap 1, 3 (including paper numbers), the purport of the whole pleadings

B. (1) According to the above facts of recognition, it is reasonable to view that Defendant C was jointly and severally liable for the repayment of the instant loan to the Plaintiff, since Defendant C prepared and delivered the certificate of borrowing the instant loan from the Plaintiff at the time of borrowing the instant loan, as well as the right to claim a transfer of ownership on the instant real estate owned by it was completed the provisional registration of the right to claim a transfer of ownership on the instant real estate.

Therefore, Defendant B and C are jointly and severally liable to pay to the Plaintiff the agreed interest rate and delayed damages calculated by the rate that the Plaintiff seeks from April 19, 201 to the extent of the agreed rate from April 19, 2011.

(2) As to this, Defendant B and C concluded a provisional registration of the right to claim ownership transfer on the instant real estate after the instant lease, and thus, did not have any responsibility to repay the instant loan. However, the said provisional registration was completed by accord and satisfaction with the instant loan.