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(영문) 청주지방법원충주지원 2015.08.20 2015가단857
대여금
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The parties' assertion

A. On May 16, 2014, the Plaintiff lent KRW 130 million to the Defendant, and on June 25, 2014, the Plaintiff claimed that the Defendant is obligated to pay the remainder of the loan KRW 100 million to the Plaintiff.

B. On this point, the Defendant asserts that, as Nonparty C requires funds, C would pay 30 million won interest per month if he/she transfers money to the Plaintiff. On May 16, 2014, the Defendant transferred 130 million won transferred from the Plaintiff to C. Thus, the Defendant asserts that the person who borrowed KRW 130 million from the Plaintiff is not the Defendant but C.

2. Determination as to Gap's evidence Nos. 1, 2, 3, and Eul evidence Nos. 1, 2, 3, and 6 (including serial numbers), comprehensively taking into account the following circumstances, namely, ① the Plaintiff remitted KRW 1,30,000 to the account under the name of the Defendant on May 16, 2014; ② the Plaintiff, even before May 16, 2014, transferred money to the account under the name of the Defendant without directly remitting money to C even though he/she knew that he/she would transfer money to C; ③ The Plaintiff was not C but the person who remitted interest on the money remitted to the Plaintiff; ④ the Defendant delivered money borrowed from the Plaintiff before May 16, 2014 to the Plaintiff; ④ the Defendant delivered money borrowed from the Plaintiff, a certificate of personal seal impression, and a copy of his/her identification card; and it is reasonable to view the Plaintiff as the person who borrowed KRW 1,30,000,00 from the Plaintiff as the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the borrowed amount of KRW 100 million (=the borrowed amount from May 16, 2014 - the repayment amount of KRW 30 million as of June 25, 2014).

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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