logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.11.11 2016가단214479
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 117,478,50 and the interest rate of KRW 15% per annum from June 1, 2016 to the date of full payment.

Reasons

1. That the Plaintiff’s claim against Defendant B lent the sum of KRW 117,478,50 to Defendant B from August 30, 2014 to December 15, 2014, Defendant B is deemed to have led to confession.

Therefore, Defendant B is obligated to pay the Plaintiff the above loan and the damages for delay.

2. Comprehensively taking account of each of the statements in the claims No. 1-1 to No. 4 against Defendant C, the fact that the Plaintiff remitted KRW 117,478,50 in total to the account of Defendant B, C, E, and F as shown in the separate sheet of remittance is recognized.

The plaintiff loaned the above money at the request of the defendant B, who is an employee in charge of the place of sales, and the defendant C requested a loan with the defendant B as the wife of the defendant B, and some of the loan was received as his passbook and used as a part of the loan. Thus, the plaintiff asserted that the defendant B is jointly and severally liable for the return of the loan.

There is no evidence to prove that Defendant C requested the Plaintiff to lend money or entered into a lending agreement.

In addition, the circumstance that the Plaintiff remitted part of the above loans to Defendant C’s account and the fact that Defendant C appears to have used money in the above passbook is difficult to view that Defendant C is jointly and severally liable to return the above loans, and there is no other evidence.

3. According to the conclusion, the plaintiff's claim against the defendant B is accepted, and the claim against the defendant C is dismissed.

arrow