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(영문) 광주지방법원 2020.02.26 2018가단532524
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On October 12, 2017, Defendant B asserted that the Plaintiff’s claim on the loan claim (1) purchased an apartment unit. Since there is a lack of apartment sale price, Defendant B would sell the apartment unit until the end of January 2018 and make a repayment with the profit added up until the end of January 12, 2018; ① the sum of KRW 7,500,000 that was deposited from the Plaintiff’s agricultural cooperative deposit account; ② KRW 8,00,000,000 in cash owned by the Plaintiff; ② from the Plaintiff’s agricultural cooperative deposit account on November 22, 2017 to KRW 12,00,000,000, and ③ from the Plaintiff’s deposit account on December 5, 2017 to KRW 12,00,000,0000 in total to the Plaintiff’s deposit account on October 16, 2017; and ③ the Defendants lent the amount of KRW 10,000,000.

Defendant C repaid to the Plaintiff KRW 300,00,000 on January 2, 2018, and KRW 3,000,000 on July 23, 2018.

Therefore, Defendant B is obligated to pay 34,700,000 won to Defendant C, and 2,700,000 won to Defendant C jointly and severally with Defendant B (=5,000,000-3,300,000 won) and to pay 5% per annum from February 1, 2018 to the delivery date of the copy of the instant complaint, and 12% per annum from the next day to the day of full payment.

(2) Defendant C, who operates the alleged real estate brokerage office for wage claim, ordered the Plaintiff to pay KRW 2,00,000 per month if he/she works at the brokerage office, and the Plaintiff is obligated to pay KRW 2,00,00 per month from December 5, 2017 to July 24, 2018, such as telephone or cleaning at the brokerage office for seven months from July 19, 2018. Defendant C is obligated to pay the Plaintiff KRW 15,266,660 (=14,00,000 + KRW 2,00,000) in total to the Plaintiff (=2,00,0000 + KRW 1,266,660).

2. The plaintiff is responsible to prove that he lent the money stated in the purport of the claim to the defendants. The plaintiff's judgment as to the loan claims is stated in Gap 1 to 8.

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