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(영문) 창원지방법원 2019.01.24 2018가단11766
대여금
Text

1. The defendant shall pay 73,00,000 won to the plaintiff and 15% per annum from November 6, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to the Defendant as follows:

① November 14, 2017: 100,000, interest rate of 10% per month; and December 14, 2017 (payment of KRW 90,000,000 remaining after deducting interest of KRW 10,000,000) ② November 23, 2017; 10% per month interest; and 27,000,000 won due date after deducting KRW 3,000 from interest of KRW 10,00) December 23, 2017

B. The Defendant repaid part of the above borrowed money to the Plaintiff as follows.

① 20,000,000 won on December 19, 2017 (2)

2. Determination on this safety defense

A. The actual lender of the loan alleged by the Plaintiff is D.

Therefore, the plaintiff's lawsuit of this case is unlawful as it is brought by a person who is not a party.

B. In a lawsuit for the performance of the market, the plaintiff's assertion that the person claiming the performance is qualified as the plaintiff, and the person alleged as the performance obligor from the plaintiff is qualified as the defendant, and the plaintiff's assertion itself does not require that the plaintiff is the actual performance obligor or the defendant is the actual performance obligor, and it is not necessary that the plaintiff is the performance obligor or the defendant is the actual performance obligor, but it is only a reason to determine whether the performance claim or the performance obligation is actually a performance obligor, and it

Therefore, the defendant's defense of the safety cannot be accepted.

3. According to the reasoning of the judgment on the merits, according to the above Paragraph 1, the Defendant shall pay to the Plaintiff the remainder of KRW 73,000,000 (the amount calculated by deducting KRW 44,00,000 that the Defendant actually paid from the loan 117,00,000 that was actually paid by the Plaintiff, which was sought by the Plaintiff), and as sought by the Plaintiff, from November 6, 2018, the Defendant shall pay to the Plaintiff the remainder of KRW 73,00,000 that was paid by the Defendant.

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