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(영문) 서울남부지방법원 2015.06.05 2014가합10978
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Upon receiving a request from D, his wife C to lend business funds, the Plaintiff respectively lent KRW 40 million on May 21, 2008, and KRW 40 million on September 3, 2008.

B. On January 30, 2009, the Plaintiff lent KRW 50 million to D on January 30, 2009.

The above loan was remitted to the account under the name of the defendant, who is the husband of D upon D's request, and D stated that "the Plaintiff borrowed KRW 5,000 from the plaintiff," and issued a certificate of borrowing in the name of the defendant with the seal affixed by the defendant.

C. D Co., Ltd. issued to the Plaintiff a written confirmation that the Plaintiff would pay the borrowed money by July 31, 2009, and a written confirmation that the Plaintiff would pay the principal and interest by December 16, 2010, respectively, by June 201.

On the other hand, on February 5, 2010, D reported bankruptcy and exemption as Seoul Central District Court 2010Hadan2376, and was declared bankrupt by the above court on May 24, 2011.

On June 13, 2011, the Plaintiff: (a) was notified of the foregoing declaration of bankruptcy and requested that the Plaintiff raise an objection; (b) D request that the Plaintiff do not raise an objection; (c) on June 18, 2011, the principal amount of KRW 130 million and interest of KRW 33840,000 incurred up to the time and KRW 2.6 million incurred up to June 30, 2012; and (d) the monthly interest of KRW 33840,000 incurred up to the time and KRW 2.6 million were fully repaid until June 30, 2012; and (c) on July 5, 2011, the Defendant prepared a certificate of loan with the intent to set up a collateral mortgage on the said amount; and (d) on June 30, 2011, the Defendant prepared a letter of delegation with the authority to pay the principal and interest of KRW 130,00,000 to the Plaintiff; and (d) the Defendant’s letter of delegation and authority to pay 251.

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