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(영문) 대전지방법원 2015.12.17 2014가단49712
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,901,00 and the interest rate thereon from January 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 7, 2014, while working in Defendant C C, the Plaintiff borrowed money from loan companies, such as Nonparty UF Capital Loan Co., Ltd., and lent KRW 29,96,000 to Defendant C via Nonparty E.

B. At the time of borrowing the above money, Defendant C paid the interest on the loan to the said lending company. The loan interest rate or overdue interest rate of the said lending company was 36.9% or 39%.

C. From March 20, 2014 to December 12, 2014, Defendant C directly remitted a part of the interest on the loan to the said lending company, or remitted the amount equivalent to the interest on the loan to the Plaintiff.

On the other hand, when requesting Defendant C to grant a loan to the above loan, the Plaintiff was registered as the business owner of the above D at the time, and wished to receive the loan in the name of Defendant C, the wife of Defendant C, who has the ability to pay the loan. Accordingly, on August 22, 2014, Defendant B settled the above loan to the Plaintiff at KRW 28,901,000, and issued the loan certificate with the following contents (hereinafter “the loan certificate of this case”).

The next amount borrowed from the loan: To enter in the aggregate of principal interest on the loan, 29 October 29, 2014, the due date for repayment of the loan of this twenty thousand won (Won 28,901,000):

I, as above, have borrowed and delivered this certificate to the creditor to prove this.

Debtor on August 22, 2014: The fact that there is no dispute over B (based on recognition) creditor A; entries in Gap's Evidence Nos. 1 through 3, 5, 7 through 9 (including additional numbers); and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the defendant C bears the above loan obligation against the plaintiff.

The defendant B bears the above loan obligation against the plaintiff of the defendant C jointly with the defendant C, or prepared the loan certificate of this case with the intent to guarantee the above obligation of the defendant C.

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