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(영문) 서울북부지방법원 2018.04.19 2017가합25738
대여금
Text

1. The Defendant’s KRW 180,000,000 as well as annual 5% from April 1, 2015 to November 3, 2017 to the Plaintiff.

Reasons

1. The parties' assertion

A. The Defendant is obligated to pay the Plaintiff a total of KRW 250,000,000 for each loan borrowed from the Plaintiff and the damages for delay from April 1, 2015 following the due date for payment.

B. Defendant 1 did not lend money to the Defendant. (2) The Defendant’s receipt of KRW 70,00,000 from the Plaintiff on April 26, 2012 was made in the course of mediating a loan between the Plaintiff and the borrower, and the Defendant did not borrow the money from the Plaintiff.

2. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 2 as a whole, the Plaintiff: (a) delivered money several times to the Defendant who is a credit service provider, and the Defendant engaged in credit business with the above money; (b) the Defendant secured the security by lending money to a third party to the Plaintiff with a view to creating a right to collateral in the name of the Plaintiff with respect to a third party’s real estate; and (c) the Plaintiff, from April 26, 2012, who did not recover claims smoothly from around April 26, 2012, directly lent KRW 70,000,000 to the actual borrower C as a broker by the Defendant’s brokerage, and issued and delivered a promissory note with the face value of KRW 105,00,000,000 to the Defendant’s account transfer money as stated below (No. 3). Under the above circumstances, the Plaintiff demanded the payment of the amount to be issued and delivered to the Defendant’s account no more than 30,00,05.30.

The amount of money transferred by the sequence 1 on November 25, 201, 130,000,000 on December 21, 2011;

(b) relevant 1.

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