(영문) 수원지방법원 2017.04.04 2015가단131846

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(영문) 수원지방법원 2017.04.04 2015가단131846

대여금

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1. Defendant B’s KRW 186,00,000 and interest rate of KRW 15% per annum from December 17, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition that the Plaintiff lent to Defendant B the total amount of KRW 50 million on January 2, 2016, KRW 96 million on August 8, 2006, KRW 30 million on January 23, 2007, KRW 186,000,000 on June 13, 2007, KRW 186,000 (hereinafter “instant loan”) may be recognized either as having no dispute between the parties or as having a whole the purport of the entire pleadings as stated in the evidence No. 3-1 through 7-2, and evidence No. 2-1, and the statement No. 3 alone is insufficient, and there is no counter-proof.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 186,00,000 as well as damages for delay at the rate of 15% per annum from December 17, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. Determination as to the claim against Defendant C

A. (1) The Plaintiff’s assertion that Defendant C jointly and severally guaranteed the debt of the instant loan by Defendant B, and thus, Defendant C is jointly and severally liable to pay the instant loan with Defendant B.

(2) The fact that the Plaintiff transferred the instant loan to Defendant C’s passbook account (hereinafter “instant account”) at Defendant B’s request does not conflict between the parties.

However, the above facts and the evidence submitted by the plaintiff alone are insufficient to recognize that defendant C guaranteed the above loan obligation, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit.

B. (1) The Plaintiff’s assertion on the claim for damages is that Defendant C knew that Defendant B was a bad credit holder and provided the instant account in his name to Defendant B, and thus Defendant C is jointly and severally liable with Defendant B to pay the amount equivalent to the instant loan as damages.

(2) The judgment of Defendant C lent the instant account to Defendant B, his mother, to use the said account.

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