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(영문) 청주지방법원 2017.11.29 2017나10429
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Judgment as to the main claim

A. The plaintiff's assertion 1) (1) (A) on May 11, 2009, the plaintiff lent to the defendant a total of KRW 15,790,000,000 on June 12, 2009, KRW 5,000 on July 2, 2009, KRW 190,000 on October 14, 2009, KRW 60,000 on October 14, 2009, and KRW 15,790,000 on November 27, 2009, respectively.

(2) In addition, the Plaintiff loaned KRW 20,000,000 to the Defendant on December 21, 2009, after receiving a loan of KRW 20,000,000 from the New Saemaeul Cooperative, and thereafter, on November 17, 2014, the Plaintiff repaid KRW 25,505,950 in total to the New Saemaul Cooperative on November 17, 2014.

(3) Meanwhile, the Plaintiff’s wife’s relative C lent KRW 30,000,00 to the Defendant upon introduction of C, and the Defendant was unable to repay this, and the Plaintiff subrogated KRW 30,000,000 to D on March 17, 2010.

(4) However, the defendant only paid KRW 3,550,000 to the plaintiff with regard to each of the above amounts.

(5) Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 67,745,950, and delay damages for the remainder of KRW 71,295,950, in total of KRW 41,295,950 and interest paid by the Plaintiff to the New Saemaeul Community Depository of the Republic of Korea, and KRW 30,00,000 by subrogation.

B) Preliminaryly, the Plaintiff borrowed each of the above loans amounting to KRW 30,00,00 from D, even if the Plaintiff borrowed each of the above loans amounting to KRW 30,000,00 from D, E was unaware of the Plaintiff and D, and the Defendant was aware of the lack of the ability to repay, and as such, the Defendant is obligated to pay the Plaintiff the above KRW 67,745,950 as damages incurred by the tort, and the damages incurred therefrom. 2) The Defendant’s assertion that E borrowed each of the above loans amounting to KRW 35,790,000 from D, and KRW 30,000 from D for the purpose of remodelling in the hospital in the hospital for the purpose of remodelling in the hospital. However, the Defendant’s account is used as the Defendant’s account in the circumstances where E

B. 1) Determinations as to loan claims (in turn).

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