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(영문) 수원지방법원성남지원 2016.08.10 2015가단22389
대여금 등
Text

1. Defendant B’s 42,00,000 won and the interest rate of 15% per annum from August 26, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B purchased an apartment subscription passbook and returned it. From around 2001, Defendant B had been aware of the Plaintiff and continued to engage in money transactions.

B. Defendant B requested the Plaintiff to lend KRW 20,000,000 to the Plaintiff at an interest rate of KRW 3% per month, and the Plaintiff requested Defendant B to lend money, and D transferred KRW 20,000,000 to Defendant C’s bank account on December 25, 2009.

(C) On December 25, 2009, Defendant B again requested the Plaintiff to lend money worth KRW 22,000,000 to the Defendant at an interest rate of 3% per month. The Plaintiff requested D to lend money to the Defendant, and D wired money to the bank account on November 2, 201, KRW 11,000,000 on November 3, 201, and the Plaintiff used KRW 20,000,000 to the Defendant B. On November 2, 2011, Defendant B borrowed money to the Plaintiff with a certificate of cash custody of KRW 22,00,000 on November 2, 201, Defendant B borrowed money (hereinafter referred to as “money”). Defendant B borrowed money with a certificate of cash custody of KRW 22,00,000 from the Plaintiff on November 2, 2011.

On December 25, 2009, the Plaintiff subrogated to D for the borrowed money and its interest as of December 25, 2009. On April 2013 and on November 2, 2011, the Plaintiff subrogated for KRW 20,000,000 among the borrowed money as of November 2, 2013 and its interest.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 6 (including a branch number), the purport of whole pleadings

2. The Plaintiff’s claim against Defendant C, the Defendant C promised jointly and severally to repay the borrowed amount as of December 25, 2009, and accordingly, D remitted KRW 20,000 to the bank account in the name of Defendant C. Since the Plaintiff subrogated for the borrowed amount, Defendant C is jointly and severally liable to pay the Plaintiff the borrowed amount as of December 25, 2009 and damages for delay.

D has remitted 20,000,000 won to the bank account under Defendant C’s name;

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