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(영문) 수원지방법원 성남지원 2018.09.04 2017가단14252
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay for KRW 80,900,000 and KRW 30,000 among them, from August 8, 2007, and KRW 50,900,000.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were friendly in high school, and Defendant B was the representative director of D for the purpose of implementing and constructing construction business around 2007, and Defendant C was the representative director of the above company around 2008.

B. Around August 8, 2007, the Plaintiff received a request from Defendant B, and transferred the above Defendant KRW 30 million as business funds.

C. In other words, between April 14, 2008 and June 10, 2008, the Plaintiff borrowed bonds as security for his own house and used them as business funds, but the said house was at the risk of auction due to its failure to pay the interest. As a result, the Plaintiff transferred KRW 50,900,000 to the person designated by the above Defendant upon the above Defendant’s request.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, 2, Eul evidence 1, 1, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The part concerning the claim of KRW 30,000,000 was 1) Defendant B, and the Plaintiff transferred KRW 30,000,000 to Defendant B as business funds around August 8, 2007. In light of the relationship between the Plaintiff and the above Defendant, the circumstances leading up to the Plaintiff’s offering of the above money, and the progress thereof, it is reasonable to deem that the Plaintiff loaned the above money to Defendant B on the condition of interest burden after the lending date. Therefore, Defendant B is liable to pay the Plaintiff the interest or delay damages incurred after the lending date, barring any special circumstance. (2) Defendant C and Defendant C lent the said money to the Plaintiff as business funds operated by Defendant B and Defendant C, and thus Defendant C should pay the said money jointly and severally with Defendant B.

However, around August 8, 2007, the Plaintiff remitted the above money to Defendant B as business funds. However, the above recognition alone is readily concluded that Defendant C has a duty to pay the above money together with Defendant B.

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