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(영문) 수원지방법원성남지원 2016.08.09 2016가단1433

대여금

Text

1. Defendant B shall pay 30,000,000 won to the Plaintiff and 24% per annum from April 17, 2016 to the day of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 3 (including those with additional numbers), the plaintiff loaned KRW 10,000,000 to the defendant Eul on Nov. 2, 2009, and KRW 20,000,000 on Jan. 12, 2010 to the second interest on Feb. 9, 2010, and received KRW 10,000,000 from the defendant Eul on Feb. 9, 2010.

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the interest rate of KRW 30,000,000, and the interest rate of KRW 24% per annum until the day of full payment, as requested by the Plaintiff.

The plaintiff lent money to the defendant C upon the request of the defendant B, and the defendant B asserted that the above loan was jointly and severally guaranteed, but it is not sufficient to recognize that the defendant C borrowed money from the plaintiff merely because the plaintiff deposited money into the defendant C's account, and there is no other evidence to acknowledge it.

Thus, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit.