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(영문) 부산지방법원 2015.09.23 2015가단7011
대여금 등
Text

1. The Defendants: (a) KRW 45,00,000 for each Plaintiff; and (b) 5% per annum from March 20, 2015 to September 23, 2015, respectively.

Reasons

1. Facts of recognition;

A. On August 21, 2009, the Plaintiff loaned the money to Defendant C by means of remitting the money amount of KRW 15 million to the Nonghyup’s passbook in the name of the Defendant C used by the Defendant C, upon request from the Plaintiff that “The money would be paid in the face of KRW 15 million to the loan of KRW 15 million.” On the same day, the Plaintiff loaned the money to the Defendant C by means of remitting the money amount of KRW 15 million to the Nonghyup’s passbook in the name of the Defendant C.

B. On September 14, 2009, the Plaintiff loaned the above money to Defendant C by sending money to Defendant C, upon request from Defendant B, “I will pay 30 million won or more to the first entered money in order to register the ownership of the land. At that time, I will immediately register the transfer of ownership, be responsible for the payment, and pay money to us.” On the same day, I lent money to Defendant C by means of remitting money of KRW 30 million to the agricultural bank passbook in the above name.

C. In fact, Defendant B merely received a request from Defendant C to offer money to another person, and did not have any ownership transfer registration, etc. for land. Although Defendant C received money from the Plaintiff, the Plaintiff was deemed to have lent money to another person through Defendant C, the Plaintiff was above.

paragraphs 1 and 2.

On January 25, 2013, an order of summary order of KRW 3 million was issued by Jinwon District Court Jinwon Branch Branch Decision 2012Da6413, Jinwon Branch Decision 2012Da6413, and the request for formal trial was made, but on March 4, 2013, a fine of KRW 3 million was sentenced to the same criminal facts (the same court ruling 2013Ma132).

Although Defendant B appealed the above judgment, the dismissal of the appeal on October 31, 2013 (the Changwon District Court 2013No1069) was finalized as it is.

[Ground of recognition] Facts without dispute, Gap 1 through 5, Eul 1-1, the purport of the whole pleadings

2. According to the facts of the above recognition, Defendant C is the borrower, and Defendant B is obligated to pay as the guarantor the total amount of the above loans amounting to KRW 45 million and delay damages to the Plaintiff.

Defendant B is by deception.

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