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(영문) 서울중앙지방법원 2018.10.05 2018나6586
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The parties' assertion

A. On June 25, 2014, the Plaintiff asserted that he/she leased KRW 30,000,000 to Defendant C with interest rate of KRW 20% per annum, and thus, the Defendants are jointly and severally liable to pay interest or delay damages after deducting the amount of partial repayment.

B. The Defendants asserted that they borrowed money from the Plaintiff over several times from May 2012, and paid interest and principal. On June 25, 2014, the amount actually borrowed is limited to KRW 4,500,000, and the relevant loan certificate was drawn up in falsity.

On the other hand, the Plaintiff transferred KRW 30,000,000 to the Defendant C’s account. However, the Defendants demanded to withdraw KRW 25,50,000 among the Defendants, and accordingly, the Defendants immediately withdrawn KRW 25,50,000 in cash and re-granted to the Plaintiff.

In addition, from May 16, 2012 to September 29, 2014, the Defendants paid the amount of money borrowed from the Plaintiff as totaling KRW 65,50,000, and the amount exceeding the statutory upper limit by paying the total of KRW 75,403,90 during the same period.

Therefore, there is no money to be paid by the Defendants to the Plaintiff.

2. Determination

A. In full view of the overall purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the entire arguments, the plaintiff is a unregistered credit service provider, the plaintiff set and lent KRW 30,000,000 to the defendant C on June 25, 2014 at interest rate of 20% per annum (hereinafter "the loan in this case"), and the fact that defendant B guaranteed the loan in this case, barring any special circumstance, the defendants are jointly and severally liable to pay the loan in this case to the plaintiff.

As seen earlier, the Defendants asserted that the loan certificate (No. 1) was made by falsity, and that the amount actually borrowed on June 25, 2014 is KRW 4,500,000, and therefore, according to the statement of No. 3, the Defendant was written.

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