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(영문) 서울동부지방법원 2020.10.20 2019가단10737

대여금

Text

Defendant C’s KRW 50,00,000 and its amount are 5% per annum from August 7, 2019 to October 20, 2020.

Reasons

1. Basic facts

A. The plaintiff remitted money to the defendant B, and its details are as follows.

Account number (E Bank) KRW 200,000 on January 118, 2017, KRW 73,600 on January 17, 2017, KRW 200,00 on August 3, 2017, KRW 600,000 on August 18, 2017; KRW 1,000,000 on August 24, 2017; KRW 400,000 on September 28, 2017; KRW 00,000 on September 29, 200, KRW 00,000 on KRW 13,00 on KRW 13,00 on August 13, 200, KRW 00 on KRW 10,00 on KRW 10,00 on August 20, 208; and KRW 10,000 on August 20, 208.

B. The plaintiff remitted money to the defendant C, and its details are as follows.

Account Number (E Bank) F. 40,000,000 G G on November 21, 2017, 2017, KRW 50,000,000 (3,200,000,000,000,000 in total, of the remittance fees)

C. The plaintiff remitted money to Defendant D, and its details are as follows.

Account Number (E Bank) Amount F. F. 10,00,000 won on January 22, 2018 (based on recognition) No. 1

2. The assertion and judgment

A. 1) The Plaintiff asserted that Defendant B is liable for the total amount of KRW 80,863,00 (=Defendant C50,000 KRW 50,000 KRW 20,863,000) equivalent to the total amount of Defendant B’s lending of money through Defendant B, and that Defendant B is liable for damages for delay of KRW 20,863,000 on Defendant B’s loans to Defendant B as the principal obligor or the guarantor. 2) As to whether Defendant B is liable as the guarantor, this part of the Plaintiff’s assertion is without merit.

Next, I will examine whether the Plaintiff has a claim for loans of KRW 20,863,00 against Defendant B.

According to Gap evidence No. 2, the amount remitted by Defendant B to the Plaintiff from April 10, 2017 to October 27, 2018 is KRW 71,584,134 (i.e., KRW 65,246,424 to the E BankF).