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(영문) 대구지방법원 2019.09.26 2018가단11043
대여금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for the plaintiff's assertion

A. The Plaintiff loaned KRW 35,000,000 to the Defendant on February 23, 2009 at KRW 35,000,000 for interest per month and on March 13, 2009 for the due date.

(A) The Plaintiff borrowed KRW 30,00,000 from Nonparty D, and leased KRW 5,00,000 from Nonparty E to the Defendant). The Plaintiff claims the return of the principal and damages for delay.

B. The introduction and guarantee of the Plaintiff’s claim for reimbursement related to the borrowed money from Nonparty F amounting to KRW 32,00,000,000, Nonparty F agreed to the Defendant at the rate of KRW 50,000 per annum on February 2, 2009 and lent to the Defendant at the rate of KRW 5% per month.

However, on behalf of the Defendant, the Plaintiff paid to F the interest of KRW 32,00,000 (the interest of KRW 2,000,000 per month) up to September 13, 2010, on behalf of the Defendant, as the Defendant did not timely repay its interest.

The plaintiff claims the amount subrogated by the plaintiff as compensation.

C. The Plaintiff loaned KRW 10 million on May 16, 2007 and KRW 10,000,000 on May 23, 2007, by means of the account transfer from the Defendant’s HAC’s HAC to the Plaintiff’s HAC passbook operated by the Defendant. On July 6, 2007, the Plaintiff lent KRW 10,000,000 to the Defendant’s HAC passbook directly.

The above loan amounting to KRW 30,000,000 and damages for delay shall be claimed.

Therefore, the defendant is entitled to the plaintiff.

paragraphs (c) through (c).

97,00,000 won, which is the aggregate amount of claims of this case, and damages for delay calculated at the rate of 15% per annum from the delivery date of a copy of the complaint of this case to the day of full payment.

2. Determination

A. The plaintiff's assertion 1.A

There is no evidence to prove that the defendant borrowed the money from the plaintiff with respect to the claim for appeal.

In full view of the statements and the purport of the whole arguments in Eul evidence Nos. 1 and 2, this part of the loans by the plaintiff's assertion was that the plaintiff lent to the non-party I's husband and wife (I was the president of the Hegdo Council, who was known to the defendant, and her husband was J).

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