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(영문) 춘천지방법원원주지원 2019.04.24 2018가단307685
대여금
Text

1. Defendant D and E are jointly and severally and severally appointed parties to the Plaintiff (appointed parties) and the appointed parties, respectively, KRW 44,620,125.

Reasons

1. Facts of recognition;

A. On July 2015, Nonparty B, the spouse of Plaintiff A, was working as an employee of F Co., Ltd. (hereinafter “Nonindicted Company”), and at the time of Nonparty C, who was the representative director of the Nonparty Company, recommended the Plaintiffs to lend money upon request by Nonparty C to borrow funds to use the new establishment of accommodation facilities in Pyeongtaek-si G G G G which was being promoted by the Nonparty Company at the time.

B. According to the foregoing recommendations made by Plaintiff A, around July 14, 2015, and the designated parties transferred KRW 50 million, respectively, to the account under the name of Defendant C, around July 20, 2015.

C. On July 31, 2017, the Plaintiffs amounting to KRW 150 million between Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd.”) and KRW 150 million (i.e., KRW 50 million x 3) and the interest amount of KRW 67.5 million in the name of interest for 25 months until August 17, 2017 (i.e., KRW 27 million x 25 million in the name of interest for 25 months until August 17, 2017). The same year

8.31., 31. The same year

9. On three occasions including 30. 30. 30. 3, the payment shall be made in installments, and if the payment is delayed, the payment shall be made in addition to the interest of 10% per month on the unpaid amount (hereinafter “instant repayment agreement”), and the Defendant D guaranteed the Defendant Company’s obligation under the said agreement.

Since then, on August 21, 2017, KRW 76.6 million was remitted to the Plaintiff’s account under the name of Defendant D, and KRW 25 million was remitted to Defendant C in the name of Defendant C on September 22, 2018, and KRW 20 million was transferred on October 1, 2018 in the name of Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 11 to 13, the purport of the whole pleadings

2. Determination

A. As to whether Defendant C is a borrower, the Plaintiffs asserted that Defendant C is the principal debtor and the principal debtor who borrowed a total of KRW 150 million from the Plaintiffs, and thus, Defendant C requested to borrow and request business funds. The Plaintiffs remitted money to Defendant C’s account in the name of Defendant C, and on September 22, 2018, the Plaintiffs wired money to Defendant C’s account in the name of Defendant C.

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