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(영문) 춘천지방법원원주지원 2020.08.11 2019가단55479
대여금
Text

1. The part concerning the claim for confirmation of inherited property among the second preliminary claims in this case is dismissed.

2. The plaintiff, the defendant B, and the defendant B, the 33,33.

Reasons

1. Basic facts

A. On November 28, 2016, upon the Plaintiff’s request, Nonparty H lent KRW 100,000,000 to the NetworkF (hereinafter “the deceased”).

B. If the Deceased did not repay the above loan, the Plaintiff agreed to pay the above amount on behalf of H and the Deceased, and the Plaintiff agreed to transfer his claim against H to H.

C. Accordingly, on December 27, 2017, the Deceased drafted a loan certificate of KRW 100,000,000 (hereinafter “instant loan”) with interest on October 27, 2018, and KRW 1,000,000 (Evidence 1) with interest on October 27, 2018.

The Plaintiff received KRW 1,00,000 per month interest from the Deceased until September 2018.

E. The Deceased died on September 2018, and there is Defendant C, D, and E, the wife, as the inheritor of the Deceased.

[Ground of recognition] The whole purport of Gap evidence Nos. 1 and 2, and the argument

2. Determination

A. As to the primary claim, the Plaintiff first borrowed the loan of this case from the company’s business fund in the name of the Defendant, and the Defendant B, who allowed the deceased to operate the company’s mutual name “I” by lending his name, was liable for the nominal lender’s liability under Article 24 of the Commercial Act, or the deceased’s act of borrowing the loan of this case for the Defendant B, a merchant, and thus, the Defendant B is liable for the commercial representative liability under Article 48 of the Commercial Act, and accordingly, sought reimbursement for the entire loan of this case against the Defendant B.

According to the evidence Nos. 7 and 8 of this case, the deceased engaged in a business passbook transaction through an account under the name of the defendant (IBK Enterprise Bank J). The fact that considerable amount of the loan of this case was transferred to the account under the name of the defendant is recognized, but the above evidence alone is prepared with the loan certificate for the loan of this case in the name of the deceased, and until the loan of this case was remitted to the account of the deceased.

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