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Reasons
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(영문) 청주지방법원 2019.02.22 2017가단9084
구상금
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1. The Defendant shall pay 10 million won to the Plaintiff at the rate of 15% per annum from July 21, 2017 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion: (a) on October 7, 2009, the Defendant borrowed KRW 160 million from C (hereinafter “the instant money”); (b) the Plaintiff jointly and severally guaranteed the Defendant’s obligation to borrow the said loan; (c) the Plaintiff, as a joint and several surety, on December 13, 201, paid KRW 40 million out of the said loan amount to C; and (d) on September 6, 201, the Defendant is obliged to pay KRW 100 million for the amount of indemnity due to the said subrogation to C.

B. The Defendant’s assertion did not borrow the instant money from C. However, upon the Plaintiff’s request from the Plaintiff to lend the Defendant’s account, the Defendant received the instant money from the Defendant’s account on October 12, 2009, with the Plaintiff’s instruction, and paid KRW 160 million out of the money to the Plaintiff via D through the Defendant’s mother, according to the Plaintiff’s instruction.

2. Determination

A. In full view of the statements in Gap evidence Nos. 1 through 10 (including each number), witness Eul's testimony and arguments, the plaintiff introduced to the defendant upon the defendant's request from the defendant's mother D to lend money. Accordingly, on September 30, 2009, Eul remitted the amount of KRW 160 million from the account in the name of the defendant's wife F to the G Bank account in the name of the defendant's name to KRW 160 million after the due date, and the plaintiff made a joint and several guarantee agreement with the defendant for the above loan obligation to Eul. Accordingly, the plaintiff introduced to the defendant again, who is a branch of the defendant for the repayment of the above loan obligation, and on October 7, 2009, C loaned the money from P Bank account in the name of the defendant's name to the above account in the name of the defendant's name to the above account in the name of the defendant.

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