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(영문) 서울북부지방법원 2017.12.12 2017가단15918
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from August 25, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the claims filed against Defendant B, as a whole, in the evidence Nos. 1, 2, 2, and 3 of the evidence Nos. 1-1, 2, and 2-3, the Plaintiff is obligated to pay the Plaintiff KRW 8 million in total to Defendant B’s account on Jan. 18, 2007; KRW 5 million on Apr. 1, 2008; KRW 3 million on Jan. 16, 2012; and Defendant B borrowed KRW 3 million from the Plaintiff on Jan. 16, 2012 to the Defendant’s account on Jan. 15, 2012; and thus, Defendant B is obligated to pay the Plaintiff money at the annual rate of KRW 15 million calculated from Aug. 25, 2017 to the date of full payment.

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1) Defendant C borrowed KRW 5 million with Defendant C on April 1, 2008, along with Defendant C. (2) Defendant C’s accounting and spouse as Defendant C’s D Company’s spouse, and Defendant C’s demand that the Plaintiff, who was in charge of Defendant C’s financial management, make a prompt demand for the Plaintiff to pay the money as business funds, and trusted and lent it. As such, Defendant C had justifiable grounds to believe that Defendant C had the right to borrow money on his behalf of the Plaintiff. Thus, Defendant C is liable for the expressive representation under Article 126 of the Civil Act.

B. Determination 1) There is no evidence to acknowledge the authenticity of Defendant C’s stamp image as to the evidence No. 2, and there is no other evidence to acknowledge that Defendant C borrowed money from the Plaintiff in light of the fact that the Plaintiff transferred the interest name amount to Defendant C’s account from February 18, 2010 to September 26, 2011, solely based on the following facts acknowledged by the evidence No. 1-2, No. 4-1, No. 4-4, and that the Plaintiff wired KRW 5 million to the account in the name of Defendant C. In other words, the Plaintiff’s transfer of the interest name amount to the Plaintiff’s account under the Plaintiff’s name, and that Defendant C was the spouse and accounting of Defendant C’s spouse, and there is no other evidence to acknowledge that the Plaintiff borrowed money from the Plaintiff. 2) The circumstance asserted by the Plaintiff alone

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