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(영문) 서울중앙지방법원 2015.01.22 2013가단245729
대여금
Text

1. As regards Defendant B’s KRW 90,000,000 and KRW 30,000 among them, Defendant B’s year from April 7, 2012 to September 23, 2013.

Reasons

1. The parties' assertion

A. The summary of the Plaintiff’s assertion: (a) the Plaintiff leased the Defendants KRW 30 million on June 3, 2009 to the said Defendants at the rate of KRW 1.3% per month after the due date for payment; and (b) was finally extended by one year upon receiving the interest rate of KRW 7% per annum on April 7, 201; and (c) on April 29, 201, the Defendants did not pay the said interest rate of KRW 60 million after the due date for payment six months; and (d) the Defendants did not pay the said interest rate of KRW 12% per annum; and (e) the Defendants jointly and severally are liable to pay the Plaintiff the said KRW 90 million and the interest or delay damages thereon.

B. The summary of the Defendants’ assertion is that Defendant B received KRW 90 million from the Plaintiff, and that he paid KRW 70 million per annum for KRW 30 million and KRW 12% per annum for the remainder of KRW 60 million. However, Defendant B asserts that the money received from the Plaintiff is not a loan, but a loan, and is an investment and is not a profit-making. Thus, the Plaintiff’s claim cannot be complied with.

Defendant C asserts that he only delivered money by mediating monetary transactions between the Plaintiff and the Defendant B for a long-term maturity of the Plaintiff, and is not a party to monetary transactions, and thus cannot respond to the Plaintiff’s claim.

C. Accordingly, the key issue of the instant case is whether Defendant C is included in the parties to the said monetary transaction and whether the money paid by the Plaintiff to the Defendants is a loan.

2. Determination

A. The facts of recognition (1) Defendant C is a long-standing relationship between the Plaintiff and Defendant C, and Defendant B was running a business, such as investing funds in the company as the omission of Defendant C.

(2) However, while Defendant C invested or lent funds from Defendant C to Defendant C, the Plaintiff was fluoring fluoring that Defendant B may receive a higher profit than the bank interest rate by receiving money from Defendant B.

(3) Accordingly, on June 3, 2009, the Plaintiff deposited KRW 30 million into Defendant B’s account at the rate of 1.3% per month after the repayment period nine months, and the Plaintiff deposited KRW 20 million on April 8, 2010.

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