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(영문) 의정부지방법원고양지원 2019.07.10 2018가단88001
대여금
Text

1. Defendant C’s KRW 70 million and the Plaintiff’s 5% per annum from February 13, 2018 to February 13, 2019.

Reasons

1. Basic facts

가. 피고 B이 2017. 11.경 사회생활 중 알게 된 원고에게 ‘D 화백이 그린 E(E, 이하 ’이 사건 E‘라고 한다)를 담보로 피고 C에게 1억 원을 대여하려고 하는데 돈이 부족하다.’며 여윳돈이 있는지 확인하자, 원고가 가상화폐를 매각하면 7,000만 원가량은 가능하다고 하였다.

B. On November 13, 2017, the Plaintiff transferred KRW 70 million to Defendant B’s new bank account. On the same day, Defendant B prepared the loan amount of KRW 100 million from Defendant C on February 12, 2018, and the monthly interest rate of KRW 100 million on February 12, 2018 (hereinafter “the instant loan certificate”), and transferred KRW 30 million from the Plaintiff to Defendant C, instead of paying KRW 70 million.

[Grounds for recognition] The descriptions of Gap 1, 4, and 5 and the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff initially asserted that the Plaintiff attempted to prepare a loan certificate with the Plaintiff as the obligee in order to clarify that the Defendants jointly and severally liable for the debt of the loan amount of KRW 70,00,000,000,000,000,000 which the Plaintiff agreed to provide to Defendant C by confirming the demand for the loan of money and the security to be provided, and that the Defendants jointly and severally liable for the debt of the loan amount of KRW 70,000,000,000,000,000,000,000 won was remitted from the Plaintiff to Defendant C, and accordingly, the loan certificate was prepared by Defendant B as the obligee. Accordingly, the Defendants jointly and severally liable to pay the Plaintiff the loan certificate of this case as KRW 70,000,00,000,000,000,000,000,

B. Article 208(3)3 of the Civil Procedure Act (amended by service by public notice) of the judgment against Defendant C provides that Defendant C shall serve the Plaintiff a copy of the complaint from February 13, 2018, which is the day following the due date, as the Plaintiff seeks against the loan amount of KRW 70 million and as the Plaintiff seeks.

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