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(영문) 서울중앙지방법원 2017.08.09 2017가단5027818
대여금
Text

1. Defendant C’s KRW 80,000,000 as well as 12% per annum from November 12, 2008 to February 28, 2017 to the Plaintiff.

Reasons

1. The Plaintiff’s determination as to the Plaintiff’s claim against Defendant C shall be deemed to have been led to the Defendant C’s confession, and the Plaintiff shall be deemed to have received KRW 50 million from the date following the date of repayment at which the Plaintiff set at the interest rate of 1% per month and set at the maturity of July 10, 2001, KRW 60 million on October 6, 2002, KRW 20 million on February 1004, KRW 30 million on March 11, 2004, KRW 130 million (hereinafter “the instant loan”). The Plaintiff shall be deemed to have received KRW 50 million from the above loan. The Defendant C shall have the obligation to pay the Plaintiff the annual interest rate of KRW 80,000 from November 12, 2008 to February 28, 2017, KRW 1500,000 per annum as the Plaintiff’s complaint was delivered to Defendant C.

2. As to the Plaintiff’s claim against Defendant B, the Plaintiff requested Defendant B to lend money to the Plaintiff and paid the Defendant the instant loan. The Defendant B also asserted that the Defendant was the obligor responsible for repaying the instant loan, and the Defendant B asserted that the person who borrowed money to the Plaintiff was the Defendant C and the Defendant B was irrelevant to the instant loan.

According to each description of evidence No. 2-1, 4, 7, 8, 9, 11, 12, and 13, Defendant B’s name was transferred to the Plaintiff on February 27, 2007, and until October 1, 2015, up to 2008, 7, 2009, 11, 201, 7, 2012, 13, 2013, 12, 2014, 40, 50,000 won, 12, 2014, 8, 2015, 30,000 won, 120,000 won, and 150,000 won, and there is no other evidence to acknowledge that the amount was transferred to the Plaintiff on February 1, 2015.

Therefore, it is true.

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