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(영문) 서울중앙지방법원 2015.05.07 2014가단118732
대여금 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff extended money several times to the Defendant’s wife C, and borrowed KRW 210,00,000 from March 5, 2010 until December 30, 2010.

“A certificate of borrowing was issued.”

B. As between May 18, 2010 and October 14, 2010, the Plaintiff wired KRW 110,000,000 in total to the account under the name of the Defendant (70,000,000) or C (40,000,000). On December 22, 2010, the Plaintiff received from the Defendant a certificate of borrowing KRW 110,000,000 in the Defendant’s name.

C. On January 28, 201, the Plaintiff remitted 10,000,000 won to the Defendant’s account under the Defendant’s name and 10,000,000 won to the Defendant’s account on February 14, 2011.

The Plaintiff received KRW 30,00,000,000 on March 1, 2011, and KRW 40,000,000 on May 11, 2011, and KRW 70,000 on June 24, 2011, and KRW 70,000,000 on July 13, 2011, and KRW 40,000 on August 2, 201, and KRW 30,000 on March 11, 2012, and KRW 20,000 on April 15, 201, respectively.

E. On August 14, 2012, the Plaintiff transferred KRW 30,000,000 to the Defendant’s account under the name of the Defendant.

F. The Plaintiff received each interest calculated at the rate of 24% per annum on the aggregate of C and the Defendant’s loans from the account in the name of C from April 2010 to March 2013.

[Ground for Recognition: Facts without dispute, Gap 1 through 6 evidence, entry of Eul 1 and 2 evidence, purport of the whole pleadings]

2. Determination

A. The plaintiff's assertion (1) The plaintiff asserts that C is a usual family owner, and the defendant borrowed money through C because it is necessary to operate a real estate development business, and since most of the loans were remitted to the defendant's account, the person who borrowed money from the plaintiff is the defendant, and the defendant is obligated to pay the plaintiff the unpaid loan amounting to KRW 60,000,000.

(2) On December 22, 2010, the Defendant did not additionally borrow money from the Plaintiff after having prepared a certificate of borrowing KRW 110,000,000 to the Plaintiff, and thereafter, borrowed money from the Plaintiff is C.

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