(영문) 의정부지방법원 2015.09.03 2014나13069

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(영문) 의정부지방법원 2015.09.03 2014나13069

대여금

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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. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1 as to the cause of the claim, the Defendant borrowed KRW 70,000,000 from the Plaintiff around October 19, 2009, and the due date for payment was January 20, 2010, and the interest rate was 12% per annum.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 70,00,000 and damages for delay calculated at the rate of 12% per annum from July 1, 2010 to June 11, 2014, which is obvious from the record that the delivery date of the copy of the complaint in this case is the delivery date of the copy of the complaint in this case, and 20% per annum under the Act on Special Cases Concerning the Promotion of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. The summary of the argument is as follows: D, the owner of the building, and C, who is his/her agent, were urged to pay the construction cost during the construction of the officetel in Gyeyang-gu E-si, Gyeyang-gu; and C, who borrowed money from the plaintiff, I would like to give the defendant a loan to the defendant, and I would like to look at the preparation of a loan certificate as the debtor.

Accordingly, D and C merely borrowed money from the Plaintiff and paid the construction cost to the Defendant, so the borrower of the borrowed money against the Plaintiff is not the Defendant, but the said D and C.

B. According to the reasoning of the judgment, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1 to 3, and witness testimony part, Eul introduced the plaintiff to the defendant, and Eul signed and sealed the plaintiff as joint and several sureties's evidence No. 1, Eul signed and sealed the plaintiff as joint and several sureties, and Eul signed and sealed the column for joint and several sureties, and "joint and several sureties, as the owner of the building, shall be paid only after confirmation by the creditor, if the debtor pays the construction price to the debtor upon full repayment of the loan."

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