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(영문) 서울중앙지방법원 2019.07.15 2018가단5055803
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 40,000,000 and annual interest thereon from July 4, 2015 to May 30, 2019; and

Reasons

1. Facts of recognition;

A. On June 25, 2015, the Plaintiff loaned KRW 40 million to Defendant B as of July 3, 2015.

B. 1) The Plaintiff lent each of the loans to Defendant C, KRW 75 million on June 30, 2015, KRW 5 million on September 10, 2015, and KRW 15 million on October 7, 2015, respectively. Defendant C prepared and delivered to the Plaintiff a letter of loan that he/she would repay each of the above loans by November 30, 2015, respectively. (2) Defendant C loaned the above loans to Defendant D around that time.

[Ground of recognition] Each description of Gap's evidence 1 or 10, the purport of the whole pleading (Provided, That the defendant C has no dispute with "the fact that there is no dispute")

2. Determination

A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of money calculated by the rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day of July 4, 2015, which is the day following the above payment period, to the Plaintiff from July 4, 2015 to the day of final delivery of the claim and the cause for modification, which is the day of final delivery of the written application for the change, from April 26, 2019.

B. According to the facts of the determination as to the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the sum of KRW 95 million (i.e., KRW 75 million plus KRW 15 million plus KRW 15 million, less the remainder of KRW 81 million, which the Plaintiff was paid by the Defendant C (i.e., KRW 95 million - KRW 14 million), and to pay the Plaintiff money at each annual rate of KRW 12% as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the final due date, from December 1, 2015 to April 26, 2019, which was sought by the Plaintiff from December 1, 2015 to April 26, 2019, which is the date of final delivery of the written request for change of the purport of the claim and the cause for change, and the next day to the date of full payment, which is the date of full payment.

C. As to the claim against Defendant D, Defendant C lent KRW 75 million out of the amount borrowed from the Plaintiff to Defendant D.

However, there is a problem.

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