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(영문) 춘천지방법원 원주지원 2018.07.17 2017가단37071
대여금
Text

1. Defendant B (Appointed Party)’s KRW 5,044,130 as well as 5% per annum from February 24, 2018 to July 17, 2018.

Reasons

Plaintiff’s assertion

Summary

A. On April 26, 2010, the Plaintiff lent KRW 5,000,00 to the Selection C. If the Selection C is not borrowed, the Defendant B borrowed.

Therefore, the Selection C is obligated to pay the Plaintiff KRW 5,00,000 and the delay damages. If the Selection C is not the borrower, the Defendant B is obligated to pay the same amount.

(b) The Plaintiff: 00,00 won + 00,000 won + 00,000 won on October 9, 2009; 3,500,000 won on March 24, 2010; 7,014,00 won on May 26, 2010; 00,000 won + 00.30,000 won on May 31, 2010; 10,500,000 won + 00.1,50,000 won on August 11, 2010; 10,000 won; 1,11,50,000 won on November 1, 2010; 1,500,00 won; 1,000 won on October 1, 200, 2010;

Defendant B is obligated to pay 21,748,420 won among these (21,50,000 won = 12,748,420 won for the transfer tax on May 31, 2010 + + 17,500,000 won for the transfer tax on August 17, 2010 + 1,000,000 won on May 13, 201 + 27,315,580 won (4,064,000 won - 21,748,420 won) and delay damages to the Plaintiff.

Judgment

According to the evidence No. 1 A as to the claim against the designated party C, the fact that the Plaintiff transferred KRW 5,000,000 to the account in the name of the designated party C on April 26, 2010 is recognized.

However, the fact that Defendant B used the account under Defendant B’s name as his father because the credit condition at the time is not good, and even according to the Plaintiff’s assertion, the circumstance that Defendant B lent the said money upon Defendant B’s request can be acknowledged by the purport of the entire pleadings.

3.2

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