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(영문) 서울동부지방법원 2018.08.22 2017나3774
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On October 10, 2012, the Plaintiff transferred KRW 50,000,00 to the account of Nonparty C in the name of the Defendant.

B. After that, the Plaintiff received money from C and the Defendant, etc. to the Plaintiff’s account.

3. 0. 16. C 40. 10. 10. 10. 20, 200. 10. 20. 10, 200, 30. 40. 14. “40, 000. 10. 40. 10. 10, 200, 10. 40. 20. 14. 10. 10, 200, 30. 40. 10, 10. 20, 203. 10, 10. 40, 10. 20, 10. 30, 10. 40, 10. 20, 10. 20, 200, 10. 12. 40, 200, 205

2. Determination as to the cause of action

A. The summary of the parties’ assertion (1) The Plaintiff: (a) received the Defendant’s request that the Plaintiff borrow money from the Defendant that the Plaintiff would pay interest equivalent to KRW 400,000 per share on October 10, 2012; and (b) remitted KRW 50,000,000 to the account of C in the name of the Defendant.

Afterwards, the Defendant received interest equivalent to KRW 400,000 in the name of C, etc., and the Defendant received a total of KRW 35,00,000,000 ( KRW 10,000,000 on November 20, 2013) as principal and interest ( KRW 5,000,000 on October 30, 2014) from the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the remainder of the loan amount of KRW 15,00,000 ( KRW 50,000,000 - KRW 35,000,000) and damages for delay.

(2) The gist of the Defendant’s assertion is C to borrow KRW 50,000,00 from the Plaintiff around October 10, 2012, and the Defendant merely introduced C to the Plaintiff.

Accordingly, the interest of KRW 400,000 for each share of KRW 50,000 shall also be paid in the name of Section C, etc.

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