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(영문) 서울동부지방법원 2014.12.19 2014가합5645
대여금
Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from June 1, 2007 to December 19, 2014 to the Plaintiff.

Reasons

1. According to the reasoning of Gap evidence Nos. 1, 3, 5, and 6 of the judgment as to the cause of the claim and the purport of the entire pleadings, the plaintiff, on December 1, 2006, lent 60 million won to C under the name of the defendant's attorney-at-law fees, etc. who is attending the correctional institution, and ordered C to be paid 120 million won until May 30, 2007. The defendant with respect to the above loan, on December 7, 2006, "D Co., Ltd., the representative director of which the defendant is the defendant, shall pay 120 million won from the plaintiff (on May 30, 2007), and the defendant jointly and severally guaranteed the above loan obligation to C, and the defendant shall be liable to pay 200 million won to the plaintiff according to the loan certificate and delay damages.

2. As to the defendant's argument, the defendant's claim for the payment of the loan amounting to KRW 60,000,000 from the plaintiff as long as there is no evidence that C borrowed money and the above loan was paid directly to the defendant, it is not reasonable for C to claim for the payment of the loan amount. And C, by deceiving the defendant to the effect that C will borrow money for the defendant as it is necessary to pay money under the pretext of attorney's fees, etc., and caused the defendant to receive money from the defendant. The defendant's delivery of a preparatory document dated November 19, 2014, revoked the preparation of the loan certificate of this case, so the plaintiff's claim of this case is without merit.

According to the statement No. 5-9, C is found to have borrowed KRW 60 million from the Plaintiff on December 1, 2006 without obtaining prior approval from the Defendant, but it is recognized that the following circumstances, namely, the Defendant, in the prison, are recognized by the overall purport of each statement and pleading of evidence Nos. 3 through 8, and No. 5-9.

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