logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2017.11.21 2017가단21014
대여금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from February 9, 2017 to the date of complete payment.

Reasons

1. The facts of recognition are: (a) the Plaintiff remitted KRW 200,000,00 to the Defendant on June 15, 2016; (b) the Plaintiff sent a text message stating “Bed, deposited” to the Defendant immediately after the transfer; (c) on the same day, C remitted KRW 50,000 to the Defendant; (d) the Defendant wired KRW 300,000,000 to D on the same day after receiving the money from the Plaintiff and C from the Plaintiff on the same day; and (c) D remitted KRW 350,000 to the Plaintiff on August 18, 2016 on the same day; and (d) transferred KRW 750,00 to C on the same day by adding all the arguments as indicated in the evidence A, 2, 3 and 1 and 2 to the entire pleadings.

2. Determination as to the cause of action

A. (1) The plaintiff's assertion (1) lent KRW 200,000 to the defendant upon the defendant's request, and the plaintiff sought the return of the money.

(P) On the motion of the Defendant, even if the Plaintiff lent KRW 200,000,00 to D upon the request of the Defendant, the Defendant is liable to return as a joint and several surety, since the Defendant jointly and severally guaranteed the obligation to return the borrowed amount to D.

(Preliminary argument). (2) The defendant's assertion is merely a loan of money to D through the defendant.

B. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings in each of the facts stated in Paragraph (1), Paragraph (1), No. 1, No. 4-19, and No. 3, are as follows: (i) if the Plaintiff lends money to D because the Plaintiff had prepared a loan certificate to D and thus, it would be deemed that there is no reason to deliver it through the Defendant. (ii) The Plaintiff and the Defendant have made money transactions several times from November 30, 2012, and the Defendant has paid money to the Plaintiff, and the amount is less than KRW 300,000,000, which are less than the amount of money received from the Plaintiff, to the amount of KRW 10,000,000, which is less than the amount of money received from the Plaintiff. (iii) The said monetary transactions did not prepare a loan certificate between the Plaintiff and the Defendant, and a third party, not the Defendant.

arrow