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(영문) 광주지방법원 2020.10.15 2020가단517580
대여금
Text

Defendant B’s KRW 70,000,000 and its amount are 5% per annum from October 25, 2019 to July 15, 2020.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the claims filed against Defendant B, the Plaintiff, on October 25, 2019, lent KRW 100 million to Defendant B on November 30, 2019, with the maturity of payment on October 25, 2019. The Plaintiff was paid KRW 30 million out of the loans, and the remainder of KRW 70 million was not repaid.

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 5% per annum as prescribed by the Civil Act from October 25, 2019, the lease date to July 15, 2020, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to the claim against Defendant C

A. The plaintiff alleged by the parties that the defendant Eul introduced the defendant Eul as his partner, and the defendant C was found in the plaintiff's office and affixed his seal impression on the loan certificate as stated in the attached sheet and delivered the loan certificate to the plaintiff. In full view of these circumstances, the defendant C borrowed KRW 100 million from the plaintiff jointly with the defendant Eul and borrowed KRW 100 million from the plaintiff. Thus, the defendant C is jointly and severally liable to pay the loan to the plaintiff with the defendant Eul.

On the other hand, Defendant C asserts that he worked as an employee in the workplace operated by Defendant B, and that he only made Defendant B perform financial transactions with his passbook because he is not good credit, and that he did not borrow KRW 100 million from the Plaintiff jointly with Defendant B.

B. Determination is based on the following circumstances: (a) Defendant B’s name and personal information are only indicated in the loan certificate as the borrower; and (b) Defendant C is indicated in the above loan certificate as the holder of the deposit account; and (c) Defendant B’s certificate of personal seal impression is attached to the loan certificate; and (d) Defendant C’s certificate of personal seal impression is not attached.

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