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(영문) 서울북부지방법원 2016.12.13 2016가단16266
대여금
Text

1. Defendant C’s KRW 29,700,000 as well as 5% per annum from April 20, 2016 to December 13, 2016 to the Plaintiff.

Reasons

1. The parties' assertion that the plaintiff, under the defendant C's guarantee, lent a total of KRW 73 million to the defendant B at the monthly interest rate of 2%. Among them, the defendants were jointly and severally liable to pay to the plaintiff 29.7 million won and the amount calculated at the rate of 15% per annum from May 19, 2014 to the date of full payment, which is the date following the last repayment date.

The Defendants asserted that Defendant C was the debtor against the Plaintiff as the party to the said monetary transaction, on the other hand, Defendant C paid the Plaintiff KRW 43,300,000 in cash after paying the said amount to the Plaintiff.

2. Determination as to the cause of action

A. According to the evidence evidence Nos. 1, 3, and 4, and 5, the Plaintiff transferred a total of KRW 73 million to the Defendant’s name account, which is Defendant C, from May 8, 2013 to July 5, 2013. It is recognized that the Defendants and Defendant B’s father, etc. received a total of KRW 43 million from May 28, 2013 to May 18, 2014 (hereinafter “instant loan”).

B. As alleged by the Plaintiff in the claim against Defendant B, the following circumstances, which are acknowledged as having been comprehensively taken into account as to whether the debtor of the instant loan is Defendant B and the entire purport of the pleadings in the statement in No. 4, namely, the Plaintiff and Defendant C, at the request of Defendant C, transferred the instant loan to Defendant C’s non-party Nonparty B’s account in the name of Defendant C, the Plaintiff and Defendant B did not have any awareness of each other, and Defendant C used the passbook. Defendant B was a university student who was only 22 years of age as of May 8, 2013, which was first deposited by the Plaintiff in the name of Defendant B, and between the Plaintiff and Defendant B.

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