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(영문) 서울동부지방법원 2016.07.06 2015가단26567
대여금
Text

1. Defendant B’s KRW 120,000,000 and interest rate of KRW 15% per annum from November 11, 2015 to the date of full payment.

Reasons

1. Determination as to the Plaintiff’s claim against the Defendants

A. (i) On November 29, 2006, the Plaintiff deposited KRW 20,000,000 in the Defendant B’s bank account upon Defendant B’s request for a loan.

The plaintiff received the request from Defendant B on February 4, 2008, and deposited KRW 100,000,000 in the national bank account of Defendant C under the pretext of investment.

On August 21, 2008, Defendant B prepared a letter of payment (Evidence A 1) stating that the Plaintiff will return the said amount of KRW 100,000,000 to September 5, 2008.

Secondly, the Defendants were married, but the agreement was reached on December 27, 2006.

[Based on the recognition] Evidence Nos. 1 to 3, the purport of the whole pleadings

B. According to the above facts as to the claim against Defendant B, Defendant B is obligated to return the above loan amount of KRW 20,000,000 and KRW 100,000,000 to the Plaintiff. As such, Defendant B is obligated to pay to the Plaintiff the total amount of KRW 120,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 11, 2015 to the day of full payment, as the Plaintiff seeks.

C. (i) As to the claim against Defendant C, Defendant C borrowed and used 20,000,000 won of the above loan with Defendant B, and used 100,000,000 won of the above investment in the course of running a business with Defendant B, and thus, Defendant B is jointly and severally liable to return the above loan and the investment amount to the Plaintiff as KRW 120,00,000.

B. The Plaintiff’s assertion of KRW 20,000,000 as to the above loan 20,000 is insufficient to recognize that Defendant C borrowed KRW 20,00,000 with Defendant B on the sole basis of the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge this otherwise.

Next, with respect to the assertion of KRW 100,00,00 of the above investment amount, the health class, KRW 3, KRW 6, and KRW 7, and the national bank of this Court.

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