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Reasons
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(영문) 서울북부지방법원 2013.12.18 2013가합2218
대여금 등
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1. Defendant B shall pay KRW 130,000,000 to the Plaintiff and KRW 1,100,000 per month from June 1, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 20, 201, Defendant B drafted a certificate of borrowing KRW 130,000,000 to the Plaintiff by being deposited in Defendant C’s passbook, a fraud, and entered “B” and “CB” in the name of the borrower.

B. On January 20, 201, the Plaintiff deposited KRW 130,000,00 in the Defendant C’s bank account.

C. From February 20, 201 to June 21, 2011, Defendant B paid KRW 1,000,000 to the Plaintiff each month, and KRW 1,100,000 to the Haman each month from July 19, 201 to April 30, 2012.

On October 10, 2010, Defendant B urged Defendant B to pay the debt amounting to KRW 130,000,000 to the Plaintiff, and Defendant B promised to pay the debt by December 31, 2012.

E. However, as Defendant B did not repay his/her obligation after the lapse of December 31, 2012, the Plaintiff notified the Defendant B of the repayment on February 20, 2013.

On February 23, 2013, Defendant B responded to the Plaintiff on February 23, 2013 to the effect that “it is recognized that the Plaintiff borrowed and used the money, and that there was a payment of the prescribed interest thereon, but Defendant C has no joint and several liability for the said borrowed money.”

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, 5, and 6 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the above facts acknowledged as to the claim against Defendant B, it is reasonable to deem that the Plaintiff loaned KRW 130,000,000 to Defendant B, and that the Plaintiff agreed to pay interest at the rate of KRW 1,100,000 per month from July 19, 201.

Thus, Defendant B is obligated to pay to the Plaintiff interest or delay damages at the rate of KRW 1,100,000 per month, which is the agreed rate from June 1, 2012 to the date of full payment, as the interest and interest thereon were paid after the last day.

B. Claim against Defendant C

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