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(영문) 대전지방법원 2017.06.14 2016가합985
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 280,00,000 and the interest rate of KRW 15% per annum from June 15, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B and Defendant C are married couple.

B. The Plaintiff wired each person the money indicated in the “amount” column of the “amount” column of the “amount” column of the table as indicated below (hereinafter “the instant table”).

On August 20, 2006, Defendant C 10,000,000 on September 25, 2006, Defendant C 10,000 on September 26, 2006; Defendant C 8,00,000 on October 4, 2006; Defendant C 50,000 on November 27, 2006; Defendant C 50,000,00 on November 27, 2006; Defendant C 20,000,000 on June 20, 2007; and Defendant C 20,000,000 on February 9, 2007; and Defendant C 50,000,000 on September 12, 2007;

2. Summary of the parties' arguments

A. From August 2006 to March 3, 2008, the Plaintiff transferred KRW 280,000 to the Defendants’ account in the name of the Defendants from August 20, 2006 to March 3, 2008.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 280,000,000 and damages for delay.

B. The money remitted by Defendant B to the Defendants is not a “loan,” but a donation made to Defendant B, who had been living together with the Plaintiff at the time, for the purpose of operating expenses and living expenses of an tactical organization.

C. Defendant C neither was aware of the Plaintiff nor borrowed money from the Plaintiff.

Defendant B received 260,000,000 won from the Plaintiff using the Defendant C’s account, which is the wife, as a bad credit relationship.

3. Determination

A. Defendant.

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