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(영문) 서울북부지방법원 2019.04.09 2018가단12428
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 33,150,00 and the interest rate of KRW 15% per annum from November 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff worked as an employee at a store operated by Defendant B.

B. Around March 2014, Defendant B requested the Plaintiff to lend money as it is necessary for the Plaintiff to start a new business.

C. Upon Defendant B’s request, the Plaintiff transferred KRW 15,650,000 on March 10, 2014, and KRW 2,000 on March 20, 2014, respectively, to Defendant B’s account under Defendant C (E)’s name, and KRW 3,150,000 on March 20, 2014; ② transferred KRW 14,000 on March 20, 2014 to Defendant B’s account under Defendant B’s name; ③ transferred KRW 50,000 on December 5, 200, and KRW 3,150,000 on December 11, 2014 to Defendant B’s account.

The plaintiff requested several times to return the above money to the defendant B until the time of the lawsuit of this case, but the defendant B did not pay it.

E. The Plaintiff, Defendant C, and D are not directly known.

[Ground of recognition] Defendant D: A without dispute, entry of evidence Nos. 1-1 and 2, the purport of the whole pleadings, Defendant B, and C: Decision by service by publication (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition as to the claim against Defendant B, it is recognized that the Plaintiff leased the sum of KRW 33,150,000 to Defendant B upon Defendant B’s request (i.e., KRW 17,650,000 to Defendant C’s account of KRW 14,50,000 to Defendant B’s account of KRW 17,650,000).

Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 33,150,000 and damages for delay calculated at the rate of 15% per annum from November 18, 2018 to the date of full payment, which is obvious on the record that it is the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.

B. The Plaintiff asserts that the above Defendants should pay the above loans jointly with Defendant C and D on the ground that Defendant C and D are the partners of Defendant B.

However, we live together above.

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