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(영문) 수원지방법원 2018.06.07 2017나14441
대여금
Text

1. The appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim: the defendant.

Reasons

1. Basic facts of claim ① Upon request of the defendant on March 14, 2008, the plaintiff was requested to lend money to the non-party C (the non-party D who is the husband of the plaintiff and the non-party D) to the non-party D to whom the defendant's request was made (the non-party to whom the plaintiff was the husband of the plaintiff) with 60 million won interest every month on the loan of the defendant's business (2% per month on the loan of 60 million won, and the principal shall be paid within 3 months upon request of the plaintiff). The plaintiff consented to this (hereinafter "the agreement of this case") and deposited 60 million won with the defendant's account around that time. ② The defendant transferred 2,460 won to the plaintiff on April 14, 2008 through February 4, 2014 [the non-party D, which is the non-party to this case's husband, her husband, and the non-party D] to the above 201-party 3 (the defendant's evidence 2014).

2. According to the judgment on the Plaintiff’s claim (1) as above, the Plaintiff is deemed to have concluded a monetary loan agreement with C representing the Defendant, and thus, the Defendant is obligated to pay the principal and interest thereof to the Plaintiff.

(2) The Plaintiff’s claim for the instant loan is not indicated in the list of individual rehabilitation creditors, and thus, is not forfeited or exempted pursuant to Articles 582 and 625(2)1 of the Debtor Rehabilitation and Bankruptcy Act. (2) The Defendant is against the foregoing recognition that the borrower under the instant agreement is not C and is not the Defendant.

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