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(영문) 수원지방법원안양지원 2016.03.30 2015가단103157
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The defendant is the husband of the former spouse C, and the former spouse was the husband of the former spouse C.

The Plaintiff remitted the total amount of KRW 50 million to the account of D Co., Ltd. (hereinafter referred to as “C”) on August 31, 2007 and KRW 50 million on September 5, 2007.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent KRW 100 million to the defendant, and the plaintiff paid KRW 10 million among them, so the defendant should pay to the plaintiff the balance of the loan amount of KRW 90 million and damages for delay.

B. The defendant's introduction of the defendant's argument that the representative Eul borrowed the above money from the plaintiff, and the defendant's payment to the plaintiff was partially subrogated for the loan upon the plaintiff's request.

Therefore, a loan claim against the defendant is without merit.

3. The fact that the Defendant paid to the Plaintiff KRW 2 million on September 24, 2009, KRW 10 million on September 1, 2010, KRW 500,000 on March 30, 2012, and KRW 300,000 on February 4, 2013 is recognized.

However, considering the following facts acknowledged by comprehensively taking account of the statements in Gap 2, Eul 2, 6-9 and witness Eul's testimony, it is reasonable to view that the debtor of the loan is E and the amount the defendant paid as above was partially subrogated because Eul, introduced by the defendant, failed to repay the loan.

The plaintiff's assertion is without merit.

E requested the Defendant to lend money to the Plaintiff with the introduction of the Defendant, and the Plaintiff transferred the amount of KRW 50 million to the account of the KCAD, which was the representative of E, to the account of the KCAD on August 31, 2007, and KRW 50 million on September 5, 2007.

E paid to the Plaintiff KRW 19.6 million as interest, from September 5, 2007 to September 24, 2009, and KRW 4.15 million from May 2, 2011 to August 11, 2014.

E has deposited in his own form F or in the name of the Bank of Korea.

In around 2009, E delayed the payment of interest to the Plaintiff, the Plaintiff demanded the preparation of a loan certificate, and E prepared a loan certificate with himself as the debtor and delivered it to the Plaintiff through the Defendant.

The defendant.

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