(영문) 서울북부지방법원 2015.01.15 2014가합3799

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(영문) 서울북부지방법원 2015.01.15 2014가합3799

대여금

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1. The defendant shall pay to the plaintiff (appointed party) KRW 20 million, KRW 88,00,000, and KRW 80,000 and each of the above amounts.

Reasons

1. Basic facts

A. The plaintiff (appointed party) and the appointed party C are married with each other, and the defendant is engaged in the real estate auction consulting business.

B. On May 31, 2012, the Plaintiff (Appointed) remitted the amount of KRW 20 million to the Defendant’s account, and the Appointed C wired the amount of KRW 88 million to the Defendant’s account on June 21, 2012, and the interest rate on each of the above loans was set at 1% per month.

C. The Defendant issued promissory notes with the issuer Defendant, the issue date on June 25, 2012, the par value of KRW 88 million, and the payee C.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, 5, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff (appointed party) the above loan amount of KRW 20 million, KRW 88 million, and each of the above loan amount of KRW 88 million from September 25, 2013 to May 22, 2014, which is the delivery date of the original copy of the payment order of this case, the agreement rate of KRW 1% from September 25, 2013 to May 22, 2014, and delay damages calculated annually by 20% from the next day to the day of full payment.

B. As to this, the Defendant asserted that the borrower of KRW 20 million remitted by the Plaintiff (Appointed Party) is not the Defendant but D, it is acknowledged that the Defendant, who is engaged in the real estate auction consulting business, requested the Plaintiff (Appointed Party) to grant a loan of KRW 20 million to the Defendant’s account in connection with the auction of D’s real estate, and lent KRW 88 million to the Defendant under the same title after about one month as the husband of the Plaintiff (Appointed Party).

In full view of this, the person who borrowed the above 20 million won from the plaintiff (appointed party) is recognized as the defendant, and the above recognition is made only by the descriptions of the evidence Nos. 1 through 5 (including the number of branches).

참조조문

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