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(영문) 서울중앙지방법원 2016.08.26 2015나63038
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Defendant B suggested to the Plaintiff that “A loan of KRW 22 million to the appraisal cost for the secured loan, which is the land owner D, plus KRW 2 million with the interest rate of KRW 10,000,000,000 for 22,000,000,000,000,000,000.”

Accordingly, on March 13, 2014, the Plaintiff transferred total of KRW 22 million to the deposit account in the name of Defendant C Co., Ltd. (hereinafter “Defendant Co.”), which was registered as the sole internal director by Defendant B as the sole internal director.

B. Defendant B remitted KRW 22 million to D on the same day ( March 13, 2014), and copied the part on which the payment remittance statement of KRW 22 million was stated in the front and the passbook of the Defendant Company, and then sent to the Plaintiff with the “representative Director B (E)” written in the part on the “real name verification seal.”

C. D remitted total of KRW 7 million to the deposit account in the name of the Defendant Company ( ① KRW 2 million on May 21, 2014, ② KRW 2 million on June 24, 2014, ③ KRW 2 million on July 24, 2014, ④ KRW 1 million on September 4, 2014). Defendant B provided the said money again to the Plaintiff on the day or following the day on which the said money was remitted from D.

On September 19, 2014, Plaintiff and D drafted a notarial deed of a monetary loan agreement (No. 483, 2014, No. 2014, a notary public’s law firm of Korea) stating that “The repayment shall be made until October 30, 2014.”

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, and 7 evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. The other party who the Plaintiff lent KRW 22 million is not D but Defendant B.

However, Defendant B is jointly and severally liable to pay the Plaintiff the remainder of the loan principal amounting to KRW 17 million and damages for delay, since Defendant B paid only KRW 7 million out of the loan principal amounting to KRW 24 million (=interest of KRW 22 million).

B. The plaintiff 2.2.

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