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(영문) 대전지방법원 2018.03.27 2017가단14687
대위변제금
Text

1. The Defendant shall pay KRW 130 million to the Plaintiff the annual rate of KRW 15% from August 22, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around March 2001, the Plaintiff Company, which obtained a comprehensive construction license, lent the name of the Plaintiff Company to the Defendant, and the Defendant was paid approximately 4% of the construction price that the Plaintiff Company received in the name of the Plaintiff Company as the name lending fee.

B. On April 6, 2001, the Defendant contracted 1.45 billion won of the contract amount for the new construction of the building located in Seo-gu, Daejeon, Seo-gu, Daejeon, with the name of the Plaintiff Company, and borrowed 100 million won of the contract amount from April 10, 201 to July 13, 2001 from April 10 to July 13, 2001 from E to pay the said construction cost, and borrowed 100 million won of the said new construction cost from E as the required funds.

C. However, the Defendant waived the above construction around April 2002, and the Plaintiff Company followed the said construction.

Meanwhile, on November 4, 2002, E received 70 million won out of 80,489,226 won from the owner of the above building and appropriated the loan principal and interest for repayment.

As a result, on November 4, 2002, the borrowed principal which was not paid at present was KRW 61,495,890.

E. On November 9, 2007, E received the judgment ordering the Plaintiff Company to pay the above outstanding principal amounting to 61,495,890 won and damages for delay calculated by 24% per annum from November 5, 2002 to the date of full payment. On January 25, 2008, the final judgment was made in the name of the debtor and the claim amount was KRW 61,495,890 and the amount was KRW 77,063,60,000 from November 5, 2002 to November 24, 2008 and KRW 100,000,000,000 in the aggregate of the outstanding principal amount borrowed and KRW 61,495,890 and KRW 61,063,60 from November 5, 2002 to January 24, 2008.

F. Accordingly, on February 4, 2008, the Plaintiff Company paid KRW 130 million to E, and liquidated the principal and interest of the outstanding loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination

A. According to the above facts, the nominal lender under Article 24 of the Commercial Act is 13.3 billion won to E.

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