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(영문) 대구지방법원 2014.11.27 2014가단25839
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 65,00,000 and 5% per annum from April 2, 2013 to September 17, 2014.

Reasons

1. Facts of recognition;

A. Defendant C and D are carrying on the wholesale and retail business of scrap iron with the trade name “E” by borrowing the name of Defendant B.

B. The Plaintiff deposited KRW 150,000,000 in Defendant C’s account on February 28, 2013 upon receiving a request from Defendant C to lend KRW 150,000 for the purpose of purchasing scrap metal.

C. Defendant C and D promise to borrow KRW 150,00,000 from the Plaintiff as of February 28, 2013 and to repay by April 1, 2013.

The borrower: Defendant B, the surety: the borrower prepared a certificate of loan stated in Defendant C and Defendant D and gave the Plaintiff the certificate.

Defendant B drafted the above loan certificate as Defendant D.

The Plaintiff received reimbursement of KRW 85,00,000 in total from E during the period from March 18, 2013 to September 30, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim against Defendant C and D

A. According to the above facts of determination as to the cause of claim, Defendant C and D are jointly and severally liable to pay to the Plaintiff 65,000,000 won (i.e., 150,000,000 won - 85,000,000 won) out of the above loans, and damages for delay at each rate of 20% per annum under the Civil Act from April 2, 2013 to September 17, 2014, which is the date of the last delivery of the copy of the complaint of this case sought by the Plaintiff, from the next day to the date of full payment.

B. Defendant D’s defense is a defense that Defendant D repaid KRW 10,00,000 on November 14, 2013, but there is no evidence to acknowledge this. Thus, the above defense is without merit.

3. Determination as to the claim against the defendant B

A. 1) On the premise that Defendant B is the party to the loan of KRW 150,00,000,000, the Plaintiff sought payment of KRW 65,000 (=150,000,000 - 85,000,000) from Defendant B on the premise that it is the party to the loan. However, it is recognized that Defendant B borrowed KRW 150,00,000 from the Plaintiff solely on the basis of the above recognition.

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