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(영문) 수원지방법원 2015.02.06 2014가합9741
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 400,000,000 as well as 24% per annum from June 3, 2014 to the date of full payment.

Reasons

1. Claim against the defendant B

A. The Plaintiff’s claim indicated in the claim shall be lent to Defendant B at 2% per month the interest rate of KRW 100 million on May 2, 2013, KRW 100 million on June 3, 2013, KRW 100 million on October 1, 2013, KRW 100 million on or around April 17, 2014, KRW 400 million on or around April 17, 2014, respectively. The Plaintiff shall claim for the payment of interest or delay damages at the rate of KRW 40 million and KRW 24% per annum from June 3, 2014 to the date of full payment.

B. Article 208(3)2 and Article 150(3) of the Civil Procedure Act, which is the basis of recognition (a judgment deemed as a confession)

2. Claim against Defendant C

A. The plaintiff asserted that the plaintiff lent the above KRW 400 million to the defendant Eul, and transferred the above KRW 400 million to the national bank account (Account Number D) of the defendant C, which was known to the defendant Eul's wife upon the defendant Eul's request, the defendant C is jointly and severally liable with the defendant Eul to pay the above KRW 400 million to the plaintiff and interest or delay damages.

B. We examine the judgment. The fact-finding conducted on December 29, 2014 by the court against the Ko Bank Co., Ltd. on the part of the defendant C is insufficient to recognize that the defendant C is jointly and severally liable to pay the principal and interest of the loan to the plaintiff. Since there is no other evidence to acknowledge this differently, the plaintiff's above assertion is without merit.

3. In conclusion, 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.

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