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(영문) 서울동부지방법원 2016.06.14 2015가단24110
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 33,50,000 and the interest rate of KRW 15% per annum from August 12, 2015 to the date of full payment.

Reasons

1. In full view of the purport of the arguments as to the claim against Defendant B, there is no dispute between the parties, or in full view of the purport of the arguments as to Gap evidence Nos. 1 through 4, the plaintiff was requested to pay interest of KRW 10 million to the defendant B if the plaintiff loaned KRW 44 million with the funds for the establishment and operation of the office from the defendant B, and loaned KRW 44 million to the account in the name of the defendant C designated by the defendant B from May 2011 to December 201. The plaintiff loaned KRW 5 million to the defendant B by means of remitting money from May 2011. If the plaintiff purchased an automobile under the name of the plaintiff from the defendant B around October 201, the plaintiff was requested to pay the principal installment to the defendant B and delivered the above automobile under the name of the plaintiff, the above claim at KRW 245 million with the principal amount and KRW 7 million with the agreed interest rate of KRW 5 million with the agreed interest rate of KRW 500,000,00.

2. Determination as to the claim against Defendant C

A. The Plaintiff, upon Defendant B’s request, remitted money to the account in the name of Defendant C, and Defendant C, working for the bank, did not know the above fact. Thus, Defendant C, jointly and severally with Defendant C, is asserting that it is liable to pay the above loan, etc. to the Plaintiff. On the other hand, Defendant C merely lent money to Defendant C upon Defendant C’s request for lending the account in the name of Defendant C due to the lack of business circumstances from Defendant B, who is the birthee, and only lent it to Defendant B and the Plaintiff.

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