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(영문) 창원지방법원 2020.02.14 2019가단110943
대여금
Text

1. Defendant B’s KRW 32,00,000 and the Plaintiff’s annual rate of KRW 5% from November 14, 2017 to May 7, 2019.

Reasons

The Plaintiff asserts that, from May 2, 2017 to November 14, 2017, the Defendants lent KRW 32,000,000 to the Defendants without due date.

Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 5% per annum prescribed by the Civil Act from November 14, 2017 to May 7, 2019, the service date of the original copy of the instant payment order, 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to May 31, 2019, and 12% per annum prescribed by the same Act from the next day to the date of full payment (Article 2 of the Addenda of the Regulation on Special Cases concerning Expedition, etc. of Legal Proceedings, amended by Presidential Decree No. 29768, May 21, 2019) as requested by the Plaintiff.

On the other hand, Defendant C denies the fact that he borrowed money from the Plaintiff, but, by allowing Defendant B to use his account in his name, asserts that Defendant C borrowed money from the Plaintiff to the account in the name of Defendant C. The Plaintiff is liable to prove that the Plaintiff lent money from the Plaintiff to Defendant C. However, it is insufficient to recognize this only with the statement of evidence Nos. 1 and 2, and there is no other evidence to acknowledge this, the Plaintiff’s claim against the above Defendant is without merit.

Therefore, the plaintiff's claim against the defendant B is justified within the above scope of recognition, and the remaining claim is dismissed as there is no ground. The plaintiff's claim against the defendant C is dismissed as there is no ground for rejection.

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