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(영문) 인천지방법원 2018.07.12 2017가단39206
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 64,543,058 and the amount of KRW 63,551,687 from October 19, 2017 to the date of full payment.

Reasons

1. As to the cause of claim

A. 1) On October 24, 2014, the Plaintiff loaned KRW 110,00,000 to the Defendant with interest rate of KRW 9.9% per annum, overdue interest rate of KRW 21.9% per annum, and interest rate of KRW 21.9% per annum, and the Defendant’s representative director, C guaranteed the instant loan obligations on the same day. 2) On October 18, 2017, the balance of the loan principal of this case as of October 18, 2017 is KRW 63,51,687, and interest and overdue interest of KRW 991,371.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 21.9% per annum from October 19, 2017 to the date of full payment, with respect to KRW 64,543,058 ( KRW 63,551,687) and KRW 63,551,687 among them.

2. As to the defendant's argument

A. The defendant's assertion is merely an obligor under the form of a party-in-law company and a title trustee, and D as a party-in-law borrower is a substantial debtor, and the plaintiff was aware of this, and thus is invalid as it constitutes a false declaration of conspiracy.

B. It is difficult to view that the Defendant borrowed only the name in the form of the instant loan agreement, and that the Plaintiff received the instant loan agreement with the intent not to impose liability on the Defendant as a debtor while understanding the agreement. Therefore, the above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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