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(영문) 광주지방법원목포지원 2016.09.28 2016가단2220
대여금
Text

1. Defendant C’s KRW 75,00,000 and the Plaintiff’s annual rate of KRW 5% from January 1, 2011 to September 28, 2016.

Reasons

1. The Plaintiff asserted that he had a pro rata relationship with Defendant C, and Defendant C had a pro rata relationship with Defendant C, and Defendant C had a difficulty in economic circumstances, requesting the Plaintiff to lend money under the name of the purchase fund of housing or housing lease deposit, automobile purchase cost, and living expenses, etc., the Plaintiff stated in the instant application for the instant payment order as business funds, but corrected as above through the preparatory brief dated April 15, 2016.

On the other hand, from August 28, 2007 to March 22, 2010, the Plaintiff lent the sum of KRW 94,000,000 to Defendant C by means of remitting the sum of KRW 94,00,000 to Defendant B’s account, and Defendant B guaranteed Defendant C’s debt.

However, the Defendants are jointly and severally liable to pay the Plaintiff the remainder of the loan amounting to KRW 91,800,000 (=94,000,000 - 2,200,000) and damages for delay.

2. As to the claim against the defendant C

A. 1 Determination as to the cause of claim (1) The Plaintiff paid through the Defendant B’s account on August 28, 2007; KRW 5,00,000,000 on September 3, 2007; KRW 1,000,000 on May 13, 2009; KRW 1,000,000 on September 30, 2009; KRW 3,000 on October 14, 2009; KRW 13,000,000 on March 13, 200; KRW 13,000,000 on March 9, 2010; and KRW 30,07,000 on March 22, 200; and KRW 9,000 on March 20, 207; and (3) the Plaintiff transferred part of the above amount to the Defendant C; and

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