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(영문) 의정부지방법원 2020.06.09 2019가단5215
차용금
Text

1. Defendant C shall pay 100,000,000 won to the Plaintiff and 12% per annum from July 5, 2019 to the day of full payment.

Reasons

1. According to the end of Defendant C that the Plaintiff may obtain high profits through gold and US dollars transactions, the Plaintiff transferred the sum of KRW 60 million on January 14, 2019, KRW 40 million on February 1, 2019, KRW 150 million on February 13, 2019, KRW 150 million on February 13, 2019, KRW 150 million to the account under Defendant C’s name, Defendant C’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s 100 million and son’s 27.

Furthermore, the Plaintiff asserts that Defendant B borrowed money from the Plaintiff as in the partnership relationship with Defendant C. However, in light of the fact that Defendant B appears to have been in military service at the above time, the obligor stated only the Defendant C in the loan certificate submitted by the Plaintiff, and that the Plaintiff did not agree with, or agreed with, Defendant C, not Defendant C in the course of lending the said money, the Defendant B merely used the account name as the mother, and cannot be deemed to have borrowed the instant money from the Plaintiff, such as Defendant C, and therefore, the Plaintiff’s above assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendant C is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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