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(영문) 서울중앙지방법원 2015.12.15 2015가단5008219
구상금
Text

1. The Defendant’s KRW 30,000,000 as well as annual 5% from October 11, 2012 to December 22, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On February 10, 2009, the Defendant entered into a lease agreement with C and the Defendant (hereinafter “instant lease agreement”) on the condition that the Plaintiff would lease the leased deposit amount of KRW 20 million (hereinafter “the instant lease agreement”) of the KRW D-1st underground floor in Suwon-si, Suwon-si (hereinafter “instant lease deposit”). Accordingly, C was paid the lease deposit amount of KRW 20 million (hereinafter “instant lease deposit”).

B. On February 12, 2009, the Defendant borrowed KRW 10 million from C as of March 2, 2009 on the due date.

(hereinafter the above KRW 10 million is referred to as "the loan of this case"). [The grounds for recognition: facts not disputed, Gap 1, 2, Eul 1, 2, Eul 1, 2, Eul 4, and the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff's assertion that the plaintiff paid the loan of this case 10 million won on behalf of the defendant in subrogation of the defendant, and the defendant is obligated to pay the plaintiff the loan of this case 10 million won and damages for delay. The defendant requested the plaintiff to pay the loan of this case 10 million won on March 2009 to the plaintiff in subrogation of the defendant. The plaintiff used the loan of this case to pay 10 million won on behalf of the plaintiff, and then he later paid 10 million won to C. Thus, the plaintiff's argument of this part is unfair. The plaintiff's argument of this part is reasonable. The plaintiff's assertion is acknowledged that the plaintiff paid the loan of this case 10 million won on behalf of the defendant, and C received the loan of this case 10 million won on December 21, 2012 from the date of delivery of a copy of the loan of this case to 20 million won on behalf of the defendant, pursuant to Article 480 of the Civil Act.

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