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(영문) 부산지방법원 2020.10.16 2019가단14468
대여금 등
Text

1. Defendant B’s 70,000,000 won and the interest rate of 12% per annum from August 29, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On December 10, 2018, the Plaintiff transferred KRW 45,000,000, in total, to Defendant C’s name account, KRW 28,000,000 on November 11, 201 of the same month, and KRW 10,000,000 on September 19 of the same month, and KRW 25,00,000,000 on November 11 of the same month to Defendant D’s name account.

B. On January 29, 2019, Defendant B promised to pay to the Plaintiff KRW 70,000,000 by February 25, 2019.

“The” has drawn up and issued a cash custody certificate with the content thereof.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, entry of Eul 1 to 6 evidence, the purport of whole pleadings

2. Determination:

A. The facts that Defendant B borrowed KRW 70,000,000 from the Plaintiff do not conflict between the parties. As to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff delay damages at the rate of 12% per annum from August 29, 2019 to the date following the delivery of a copy of the instant complaint, as sought by the Plaintiff, pursuant to the Plaintiff’s claim, to the effect that Defendant B borrowed KRW 70,000,000 from the Plaintiff.

B. We examine the judgment as to the claim against Defendant C and D, the Plaintiff’s transfer of KRW 45,00,000 in total to Defendant C’s account under the name of Defendant C, and KRW 25,000,000 to Defendant D’s account, alone, is insufficient to recognize that the Plaintiff lent the above money to the said Defendants, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim against Defendant C and D is without merit.

3. If so, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C and D is dismissed as it is without merit. It is so decided as per Disposition.

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