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(영문) 광주지방법원 2016.09.29 2016가단9396
대여금
Text

1. Defendant B’s KRW 66,480,00 for the Plaintiff and KRW 5% per annum from March 31, 2013 to April 21, 2016.

Reasons

1. Claim against the defendant B

A. The fact that Defendant B, on November 9, 2012, agreed to pay the Plaintiff KRW 59,500,000 and interest KRW 6,980,000,00 by March 30, 2013 can be acknowledged if there is no dispute between the said parties or if the purport of the entire pleadings is neglected in the evidence No. 1-3, and evidence No. 1-2.

B. Accordingly, Defendant B is obligated to pay to the Plaintiff the principal and interest of the loan amounting to KRW 66,480,00 (=59,500,0006,980,000) and the damages for delay at each rate of 15% per annum as prescribed by the Civil Act from March 31, 2013 to April 21, 2016, which is the day following the due date for payment of the complaint of this case, from March 31, 2013 to April 21, 2016.

2. Claim against Defendant C and D

A. On August 19, 2010, Defendant C, who asserted by the Plaintiff, borrowed KRW 50,000 from the Plaintiff to the deposit account opened in the name of Defendant D by borrowing KRW 50,00,00 from the said Defendant D, and Defendant C and D, if they additionally lend KRW 9,50,000 to Defendant B, would have the Plaintiff refunded KRW 50,000,000 to Defendant B by deceiving the Plaintiff, but the Plaintiff did not receive a refund of KRW 50,00,000.

B. The evidence presented by the Plaintiff alone is insufficient to recognize that Defendant B, as well as Defendant C, and D, borrowed KRW 50,000 from the Plaintiff on August 19, 2010, and there is no evidence to prove that Defendant C and D had induced the Plaintiff. Therefore, all of the Plaintiff’s assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case against the defendant B is reasonable, and each claim of this case against the defendant C and D is without merit.

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