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(영문) 서울동부지방법원 2014.05.30 2013가단102603
대여금
Text

1. As to the Plaintiff’s KRW 85,00,000 and KRW 80,000 among them, Defendant C shall start on December 17, 2012 and end on 5,000.

Reasons

Comprehensively taking account of the respective descriptions and the overall purport of arguments in Gap 1-1, 1-2, 2, and Eul 6 as to claims against defendant C, the plaintiff may recognize that the plaintiff lent 85 million won to defendant C on December 17, 2012 without fixing the due date.

According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff 85 million won of the above borrowed amount and 80 million won of the borrowed amount from December 17, 2012 to the remainder of 5,000,000 won from December 17, 2012, and 24% per annum from December 25, 2012 to February 13, 2014, respectively, the delivery date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

The Plaintiff asserted that Defendant B borrowed KRW 85 million with Defendant C, which is the wife, but there is no evidence to acknowledge the claim, and rather, according to each of the records in Articles 1-1 and 1-2, the Plaintiff can only recognize that all of the amounts lent to Defendant C was deposited into the account in the name of Defendant C.

According to the statements in Gap 3 and 6, it can be acknowledged that defendant Eul's subordinate staff member Eul submitted a written confirmation that "the defendant Eul used 85 million won borrowed from the plaintiff, and the defendant Eul used it for the operation fund of Eul, which is the human management company operated by the defendant Eul, as the defendant Eul operated by the defendant Eul for a long time." However, each of the above 3 and 6 is hard to believe as it is the defendant's unilateral statement, and even if the defendant Eul used the plaintiff's funds for the business fund of Eul, it is insufficient to recognize that the monetary loan contract was concluded between the defendant Eul and the plaintiff.

The money raised by Defendant C may have been used by Defendant B with the source thereof, or the said account shall be a joint use account as alleged by the Plaintiff.

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