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(영문) 수원지방법원성남지원 2015.01.09 2014가단4414
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and Defendant B from March 6, 2009 to November 26, 2014.

Reasons

1. Basic facts

A. The Plaintiff agreed to lend KRW 100,000,00 to Defendant B, who was trying to operate a screen golf range as a partner with Defendant C.

B. On July 27, 2007, the Plaintiff transferred KRW 50,000,00 to the Defendant B’s account designated by him.

C. On August 24, 2007, E, in which the Plaintiff asserted his claim against the Plaintiff and managed the Plaintiff’s funds, entered the Defendants in the same text with only 12% interest rate, “E shall lend 100,000,000 won to Defendant B under Defendant C’s joint and several liability, and 50,000,000 won shall be repaid on September 30, 2007 and the remainder of 50,000,000 won shall be repaid on October 31, 2007 (hereinafter “the loan certificate of this case”) with the signature and seal affixed on Defendant B’s debtor column, but with the seal affixed on Defendant C’s signature and seal affixed, but did not receive the seal affixed on the above 10,000,000 won from Defendant B, and the Plaintiff transferred the above 10,000 won to the Plaintiff’s account as a joint and several liability loan of this case.

Of the amounts transferred to the above D’s account, 89,000,000 won was immediately transferred to Defendant C’s account.

E. On May 14, 2014, E transferred a loan claim based on the instant loan certificate to the Plaintiff, and notified the Defendants of the loan claim.

[Grounds for Recognition: Evidence No. 1, Evidence No. 6-1, Evidence No. 7, Witness E's Testimony, Results of response to each order to submit financial information, purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to Defendant B, Defendant B, as a loan of KRW 100,000,000 to the Plaintiff, and interest thereon, from March 6, 2009 to November 26, 2014, on the following day after the Plaintiff was paid interest.

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