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(영문) 서울중앙지방법원 2016.08.24 2015가합546003
대여금 청구의 소 등
Text

1. As regards Defendant B’s KRW 371,00,000 and its KRW 353,500,000 among the Plaintiff, Defendant B shall start August 8, 2015, and the remainder of KRW 17,500.

Reasons

1. Basic facts

A. On March 24, 2008, the Plaintiff lent KRW 380,000,000 to Defendant B (hereinafter “instant loan”).

At this time, from March 24, 2008 to June 23, 2015, Defendant B agreed to pay the instant loan KRW 12,500,000 each three months (total amount of KRW 362,50,000 = 12,50,000 x 29 times), and the remainder of KRW 17,50,00,00 as of September 23, 2015.

B. Defendant B borrowed money from the Plaintiff in order to raise funds necessary for the lending of money. Defendant B repaid only KRW 9,000,000 to the Plaintiff as of the date of the closing of the instant argument, and Defendant B did not perform the remainder of the instant loan obligations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, entry of Eul evidence 3, witness D's testimony, defendant B's examination result, purport of whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts, with respect to KRW 371,00,000, which was unpaid among the instant loans, and KRW 353,500,000, which was agreed to be repaid first among the loans to the Plaintiff, Defendant B, from August 8, 2015, which was the day following the delivery date of a copy of the instant complaint, and with respect to KRW 17,50,000, the remainder of KRW 17,500,00, which was the day following the due date for payment agreed, from September 24, 2015 to September 30, 2015, Article 3(1) of the Addenda of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 2653, Sep. 25, 2015) to the day after September 25, 2015, each of the statutory interest rates prescribed by Presidential Decree No. 2653, Sep. 25, 2015).

B. Defendant B asserted that the principal debtor of the instant loan is Nonparty E who borrowed the above money from Defendant B, but Defendant B is in relation to the Plaintiff.

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