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(영문) 서울동부지방법원 2016.01.08 2015나481
대여금
Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

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

purport.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion that the plaintiff lent a total of KRW 20 million to the defendant B, and the defendant C agreed with the defendant B to pay the above KRW 20 million by May 10, 2012. The plaintiff asserts that the defendants seek payment of KRW 16.9 million which was not paid out of the above KRW 20 million.

As to this, Defendant B only introduced the Plaintiff to Defendant C, and asserts that he did not have borrowed the above KRW 20 million from the Plaintiff.

B. The Plaintiff knew of Defendant B with respect to the insurance design, etc., and transferred KRW 10 million to the account under the name of Defendant C, and KRW 10 million on November 23, 2010 to the account under the name of Defendant B (hereinafter “instant loan”); Defendant B, from around December 2010 to around March 2014, paid KRW 200,000 to the Plaintiff with interest payment on the instant loan from around April 2013 to March 2014, either remitted or paid KRW 10,000 to the Plaintiff a total of KRW 20,000,000 to the account under the name of Defendant B (the Plaintiff paid KRW 20,000 to the Plaintiff as interest payment on the instant loan, or the Plaintiff paid KRW 16,00,000 to the Plaintiff with KRW 10,000,000 from May 16, 201 to KRW 16,000,000).

In full view of the above facts, there is no evidence to deem that Defendant B paid interest, etc. upon his request, Defendant B borrowed the instant loan from the Plaintiff, and Defendant C agreed to repay the instant loan to the Plaintiff jointly with Defendant B.

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