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(영문) 대전지방법원 2015.01.07 2014가단19766
대여금 등
Text

1. As to KRW 25,148,750 among the Plaintiff and KRW 5,00,000 among the Plaintiff, Defendant B shall be from July 4, 2013 to May 19, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is operating a restaurant, and Defendant B was employed from September 14, 2012 to January 3, 2014 at the above restaurant, and Defendant C was an employee who works for the kitchen, and Defendant C was the husband of Defendant B and several times at the above restaurant.

B. The Plaintiff, at the request of Defendant B, lent KRW 25,148,750 as shown in the separate sheet by means of depositing money in the Defendant C’s bank account, or by means of having the Plaintiff purchase the goods with the Plaintiff’s credit card at the request of the Plaintiff to request for purchase and transfer them with the Plaintiff’s credit card and transfer them to the Defendant B to lend money equivalent to the price.

However, among the attached list, the amount of KRW 5,000,000 on July 3, 2013 in the attached list was paid 37,000 monthly interest and lent.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1, 2, 3, and 4 (including paper numbers), witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the claim against Defendant B, Defendant B may recognize the fact that it borrowed each amount listed in the separate sheet from the Plaintiff. As such, Defendant B is obligated to pay to the Plaintiff interest and delay damages calculated at the rate of 20% per annum as to the total amount of loans of KRW 25,148,750 and KRW 5,000 among them from July 4, 2013 to May 19, 2014, which is the delivery date of the instant complaint, from May 19, 2014, the agreed rate of KRW 37,000 per annum from July 4, 2013 to May 19, 2014.

B. The plaintiff asserts that the defendant C also borrowed the above money with the defendant C, and that the defendant C also has a duty to pay the above money jointly with the defendant B.

In full view of the overall purport of the arguments on the evidence above, Defendant C’s work at the restaurant operated by the Plaintiff at the time of Defendant C’s work.

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