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(영문) 서울중앙지방법원 2015.10.07 2014가단5269963

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 34 million and the interest rate of KRW 20% per annum from November 19, 2014 to the day of full payment.

Reasons

1. The Plaintiff loaned KRW 30 million to Defendant B on June 10, 2009, KRW 100,000,000 to Defendant B on August 13, 2009, and KRW 34 million on August 13, 2009 can be acknowledged by comprehensively considering the overall purport of the pleadings. As such, Defendant B is obligated to pay to the Plaintiff delayed payment calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 19, 2014, the day following the delivery date of a copy of the complaint.

2. The Plaintiff asserted that not only the Defendant B but also the Defendant C lent the above money, and sought payment of the said money jointly and severally with the Defendant C.

The plaintiff remitted the above money to the defendant C at the time of lending the money to the defendant C; the defendant C was involved in the sales agency business conducted by the defendant C at the time of lending the money to the defendant C; the above passbook was used for the sales agency business conducted by the defendant C; there is no dispute between the plaintiff and the defendant C; or it can be acknowledged in full view of the whole purport of the pleadings as a whole; however, it is insufficient to recognize that the plaintiff lent the above money to the defendant C as well as the defendant C solely on the above facts, Gap evidence No. 2, and the result of this court's response to the order to provide financial transaction information to single bank, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion against the defendant C is without merit.

3. If so, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.