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(영문) 수원지방법원 2016.10.13 2016가단506140
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 92,958,486 and the interest rate of KRW 15% per annum from June 28, 2016 to the date of full payment.

Reasons

1. Claim against the primary defendant B;

A. The Plaintiff asserted that Defendant B loaned KRW 168 million to Defendant B as security, but was paid KRW 768 million out of which the Plaintiff borrowed real estate owned by the Plaintiff, and at the time of the loan, Defendant B paid interest on the money borrowed by the Plaintiff. As such, Defendant B claimed that Defendant B seek payment of the remainder of the loan and the interest on the loan paid by the Plaintiff in lieu of Defendant B.

In full view of the reasoning of the arguments in Evidence A Nos. 1 and 2, the Plaintiff transferred the money of KRW 168 million to Defendant B’s account, which he/she borrowed as security on June 3, 2011, from Defendant B’s account; interest paid up to January 2014 on the amount of KRW 168 million borrowed by the Plaintiff from Defendant B’s account; and further, from Defendant B’s account, the amount of KRW 50 million from January 28, 2014 to the Plaintiff’s account;

2. 8.20 million won, per year;

2. It is recognized that a total of KRW 78.6 million has been remitted on 15.8 million.6 million.

However, the above circumstance alone is insufficient to recognize the Plaintiff’s assertion that the Plaintiff lent the above KRW 168 million to Defendant B, and there is no other evidence to acknowledge the lending.

Therefore, the plaintiff's assertion on the premise that the plaintiff lent the above KRW 168 million to defendant B is without merit.

B. The Plaintiff asserts that, on June 3, 2011, Defendant C, the husband of Defendant B, had Defendant C used his account in his name at the time of borrowing KRW 168 million with his business funds from the Plaintiff, and had his business registered under his own name and run a restaurant business. Therefore, the Plaintiff is obliged to pay the remainder of the loan out of KRW 168 million and the interest on loans paid by the Plaintiff instead of the Plaintiff, which correspond to the remainder of the loan, depending on the liability of the nominal lender under Article 24 of the Commercial Act.

However, the liability of the nominal lender under Article 24 of the Commercial Code is the name or the name of the third party.

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