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(영문) 의정부지방법원고양지원 2016.04.06 2015가단31134

대여금

Text

1. Defendant B’s 65 million won and the interest rate of 15% per annum from December 24, 2015 to the date of complete payment to the Plaintiff.

Reasons

1. The Plaintiff’s assertion is that the building should be constructed within the factory operated by Defendant B and Defendant C on March 201, 201. However, the Plaintiff transferred the account transfer of KRW 61,100,000 to Defendant C’s passbook because construction costs are required.

The Defendants were to pay the said money, but Defendant B, around July 201, failed to pay the said money, made the amount of the debt that was not paid until then 65 million won to Defendant B, which was divided into two occasions on October 27, 201 and November 13, 201, but did not pay it.

2. Defendant B recognized the Plaintiff’s claim, and the Plaintiff’s claim against Defendant B is with merit.

3. Defendant C did not borrow money from the Plaintiff, and only did it receive money from the Defendant’s name as the passbook.

As to this, the plaintiff asserts that the defendant C would be liable as the husband and wife with the defendant B.

In the absence of any other evidence that Defendant C promised to pay the instant loan debt to the Plaintiff, it is difficult to view that Defendant C is the debtor of the instant loan debt, unless there is any other evidence that Defendant C merely prepared a loan certificate to the Plaintiff, and there is no evidence that Defendant C has indicated its debt such as the loan certificate, and that only transferred to Defendant C’s passbook.

Therefore, the argument about Defendant C is difficult to accept.

4. According to the conclusion, the plaintiff's claim against the defendant B is reasonable, and the claim against the defendant C is without merit.