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(영문) 수원지방법원 2016.05.18 2015가단49794
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,000,000 and the interest rate thereon from October 17, 2015 to the date of full payment.

Reasons

1. Evidence 【Evidence” 1, A2, A3, A4, A5, A5, A1, B-2-1, B-3, B-4, B-5, and the fact-finding results and the purport of the whole pleadings for the East Military Saemaul Depository;

A. On April 3, 2012, the Plaintiff’s legal representative remitted KRW 20 million from the Plaintiff’s Nonghyup Bank’s account to Defendant B’s deposit account, and delivered KRW 10 million and KRW 10 million check to Defendant B.

B. On April 3, 2012, Defendant B deposited KRW 27 million in the name of Defendant C, known to Defendant C, including KRW 50 million among the KRW 50 million received from the Plaintiff’s legal representative, and KRW 7 million in total. On April 4, 2012, Defendant C deposited the said cashier’s checks into the account in the name of E, which he notified. On April 4, 2012, Defendant B sent KRW 30 million to E account.

C. Defendant C deposited KRW 4.5 million in its name account on May 31, 2012, Defendant C deposited the said money in the Plaintiff’s name immediately.

Defendant B deposited KRW 20 million with his name account on June 7, 2012, and immediately deposited the said money with the Plaintiff’s name.

E. Defendant B deposited KRW 450,000 in the Plaintiff’s account on July 5, 2012.

F. Defendant C shall prepare a cash storage certificate in order to receive and clarify the amount of KRW 30 million in future D on November 7, 2012.

When returning, KRW 30 million of principal and KRW 900,000 of monthly interest shall be paid.

“The” prepared a cash custody certificate with the content and delivered it to Plaintiff D.

2. The allegations by the parties and the judgment of this court

A. (1) The Plaintiff asserted that the Plaintiff lent money to Defendant B, and Defendant C guaranteed the Defendant B’s obligation to borrow money.

(2) Defendant B’s counterclaim asserts that Defendant B paid in full the amount of KRW 20 million borrowed from the Plaintiff, and that the remainder of KRW 30 million was lent by Defendant C.

Defendant C does not prepare a cash custody certificate in the meaning of Defendant B’s debt repayment against the Plaintiff, but rather owes to the Plaintiff D.

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