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(영문) 수원지방법원성남지원 2017.08.18 2017가단5371
대여금 및 구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from April 1, 2017 to the date of complete payment.

Reasons

The Defendant borrowed KRW 30,00,000 from the Plaintiff, and KRW 30,000,000 from C, respectively, and the Plaintiff did not pay the loan to the Plaintiff up to now, and paid KRW 10,000,000 only to C.

The Plaintiff subrogated to C the remainder of 20,000,000 won as the remainder of the loan.

Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 50,000,000 as a result of the borrowed money and the subrogated payment, and the delay damages therefor.

The defendant merely borrowed KRW 30,000,000 from the plaintiff, but did not borrow KRW 30,000,000 from C.

The Defendant’s transfer of money to C’s spouse D’s bank account is required by the Plaintiff to transfer money to the said bank account when the Defendant intended to repay KRW 10,00,000 out of the interest on the loan and the loan.

Judgment

In full view of the purport of the arguments stated in Gap evidence 1, Gap evidence 2-1, 2, 3, 3, 5-1 through 20, 1 through 25, and Gap evidence 6-1 through 25, the defendant shall borrow 30,00,000 won from the plaintiff on September 27, 2007 to pay interest on the borrowed amount at the rate of 30,000 won per month (hereinafter referred to as "the borrowed certificate of this case"), the plaintiff shall prepare and deliver to the plaintiff on December 27, 200, 200, 300,000 won from 0,000 won to 0. 20,000 won each month, 30,000 won from 0,000 won to 0. 20,000 won each month, 20,000 won from 0,000 won per month from 30,000 won per month.

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