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(영문) 수원지방법원 2018.07.17 2017가단537714
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from October 19, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, on December 26, 201, remitted each of the money in KRW 80 million to Defendant B’s account, and KRW 30 million on April 9, 2012, and Defendant B remitted each of the said money to Defendant B D, respectively.

B. Defendant C Co., Ltd. (hereinafter “Defendant C”) was established on June 12, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) around the Plaintiff: (a) Defendant B purchased the land E with the process of selling state-owned land annually; and (b) obtained funds in connection with the project to develop the land (hereinafter “instant project”); (c) the Plaintiff lent KRW 110 million to Defendant B on December 26, 201 and KRW 10 million on April 9, 201. In addition, if the Plaintiff did not lend the said money to Defendant B, the Defendants were to acquire the said money without any legal cause; and (d) Defendant C is running the instant project together with Defendant B, and the Defendants are jointly and severally liable to pay the Plaintiff the loan amount of KRW 110 million and delay damages therefrom to the Defendant B under the name of the Defendant F upon request by the F.

Since then, F received 10 million won from the plaintiff using the above passbook, and invested money in the following business.

3. According to the Plaintiff’s assertion, the instant loan was incurred before Defendant C was established.

In addition, Defendant C did not promise the repayment of the above loan to the Plaintiff.

Therefore, the plaintiff cannot respond to the request.

B. In light of the following circumstances, the Plaintiff’s evidence, Gap’s evidence, Eul’s evidence, Eul’s evidence Nos. 3-6, 8, 9, Eul’s evidence Nos. 2, 3, and 5, and witness F’s witness F’s witness testimony, which were acknowledged prior to the determination of the claim against Defendant B.

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