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(영문) 서울북부지방법원 2017.06.01 2016가단25093

대여금

Text

1. Defendant B’s KRW 46,80,000 and the Plaintiff’s annual rate of KRW 5% from July 28, 2016 to June 1, 2017.

Reasons

1. Claim against the defendant B

A. Comprehensively taking account of the purport of evidence No. 1 as to the fact-finding evidence, the Plaintiff received a request from Defendant C to lend the work price of the hotel in Jeju-do promoted by Defendant C around July 2012, upon receipt of a request from the Plaintiff to grant a loan to the Plaintiff. The Plaintiff’s deposit account of Defendant C is KRW 10 million on August 14, 2012, and ② the same year

9. 14. 10 million won, 3. The same year

9. 17.17.10 million won, 4.5 million won on May 5, 12.5 of the same year, 5.3 million won on December 27 of the same year, 6.2 million won on January 30, 2013, 7. The same year

2. 1. 3 million won, 8.

3. 27.2 million won, (9)

4. It may be recognized that the remittance of a total of KRW 46.8 million on June 6, 2013 has been made to Defendant B’s deposit account.

B. According to the facts of the above recognition, the plaintiff lent to the defendant B a total of KRW 46,80,000 to the hotel construction cost as above 10 times without fixing interest and due date. Thus, the defendant B is obligated to pay to the plaintiff the above loan amount of KRW 46,88 million and damages for delay at each rate of KRW 5% per annum under the Civil Act from July 28, 2016 to June 1, 2017, the day following the service of the complaint in this case, which is the day following the service of the complaint in this case, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, so the plaintiff's above assertion is with merit within the above scope

As to this, Defendant B asserted that Defendant B did not have the obligation to repay that amount because he provided the above loan to the Plaintiff. However, there is no evidence to prove that Defendant B provided the security to the Plaintiff, and even if it was provided by home, Defendant B’s assertion is reasonable to seek reimbursement from the lender, the Plaintiff as the borrower, and therefore, Defendant B’s assertion is without merit.

2. The plaintiff filed a claim against the defendant C, jointly with the defendant C who has no intent or ability to repay, and deceivings the plaintiff by borrowing the above money from the plaintiff.