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(영문) 광주지방법원 2016.06.30 2015가단22552
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 411,852,409 as well as KRW 300,000 among the costs, from April 14, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 9 as to the cause of the claim, the plaintiff loaned KRW 300,000,000 to the defendant on January 23, 2006, which was changed to the due date for payment on January 23, 2008 (the changed to January 23, 2013), interest rate of 6.5% (7.3% after the change), and delay compensation rate of 16.3% per annum. The defendant paid interest only until December 2, 2012, lost profits, and lost profits. Since the principal and interest up to April 13, 2015 can be recognized, the defendant has a duty to pay the money recorded in the text to the plaintiff.

[Defendant is actually using the loan in this case. The debtor of the loan in this case is not the defendant but B because the plaintiff is aware of it. Thus, the debtor of the loan in this case is asserting that it is not the defendant, so if the real name verification procedure of the deposit account holder is carried out according to the intention of the deposit account holder, and the deposit account holder was prepared as the deposit account holder, the third party, other than the deposit account holder, is not the party to the deposit contract, it shall be limited to exceptional cases where the third party's right to claim the deposit by denying the deposit contract between the financial institution and the third party, which is not the deposit account holder, and the third party's specific and objective evidence is sufficient to reverse the probative value of the deposit contract in accordance with the above emergency order and the Act on Real Name Financial Transactions and Confidentiality (see, e.g., Supreme Court en banc Decision 2008Da4528, Mar. 19, 2009).

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