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(영문) 창원지방법원통영지원 2014.05.30 2013가단5007
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from May 1, 2013 to the date of complete payment.

Reasons

1. The parties' assertion

A. On July 20, 2009, the Plaintiff asserted that 300 million won was lent to the Defendant (hereinafter “instant loan”) but the Defendant did not pay the remainder of 50 million won with full payment of 250 million won among them, and thus, the Defendant should pay the above 50 million won and interest for delay.

B. Since the defendant's birth, C, which is the defendant's living together, has been engaged in the business through the defendant from 2004 to 2009 and has earned approximately two billion won profits, the defendant's promise to provide a certain amount of money upon commencement of the business was usual. Since the defendant's children were actually operating D, which is a film producer company, the defendant's children continued to lend money from the plaintiff to the defendant to observe the above promise.

The defendant does not have any relationship with the plaintiff, and there is no reason to borrow 300 million won or more of money. In particular, the defendant has a lot of money to borrow money even if the plaintiff is not the plaintiff due to good credit. Nevertheless, the reason why C pays for part of C's debt on behalf of the plaintiff is merely the fact that C has repaid money in lieu of 250 million won, when it committed suicide with a depression in 2010.

Ultimately, since the debtor of the instant loan is not the defendant but C, the defendant is not obligated to repay the above loan.

2. Determination

A. Therefore, the following facts are acknowledged according to the overall purport of the statements and arguments as to who is the subject of 30 million won from the plaintiff, Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 to 3, and Eul evidence Nos. 1 to 3.

(1) The Plaintiff heard 300 million won of a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s loan

(2) Since then, the said money was dryed to E and used as the business fund of the above E.

(3) The defendant shall raise an objection.

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