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(영문) 전주지방법원 정읍지원 2021.02.23 2019가단2115
대여금
Text

Defendant C shall pay to the Plaintiff KRW 80,000,000 as well as 12% per annum from July 3, 2019 to the day of complete payment.

Reasons

In full view of Gap evidence Nos. 1 and 3 and witness D’s testimony, since the plaintiff lent KRW 80,000,000 to defendant C on December 7, 2016, the defendant C is obligated to pay to the plaintiff delayed damages calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from July 3, 2019 to the date of full payment, following the day of the original copy of the instant payment order, to the day of complete payment.

The Plaintiff sought repayment of a loan to Defendant Incorporated Incorporated Company B (hereinafter “Defendant Incorporated”), but the loan was transferred to the account in the name of the said Company (Evidence No. 1) and the agreement between the Plaintiff and the Defendant Company was concluded solely on the ground that the loan was transferred to the account in the name of the said Company (Evidence No. 1).

It is difficult to see that the plaintiff's claim against the defendant company cannot be accepted.

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