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(영문) 대전지방법원 천안지원 2018.11.29 2018가단102207
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,708,418 and the interest rate of KRW 15% per annum from November 28, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 30, 2016, the Plaintiff took out a loan of KRW 15 million from C Cooperatives, and transferred to D the total sum of KRW 15 million on September 30, 2016, and KRW 15 million on October 1, 2016.

B. Around January 26, 2017, the Plaintiff received a loan of KRW 11.5 million from a financial institution from the Defendant and lent it to the Defendant, and the Defendant agreed to pay the principal and interest of the loan instead of the principal and interest of the loan. On January 26, 2017, the Plaintiff received a loan of KRW 11.5 million from E Co., Ltd. on January 26, 2017, and remitted the amount of KRW 10 million to the Defendant on February 5, 2017, and appropriated the remainder of KRW 1.

C. Around February 3, 2017, the Plaintiff received a loan of nine million won from a financial institution and lent it to the Defendant. The Defendant agreed to pay the principal and interest of the loan instead of the principal and interest of the loan. On February 3, 2017, the Plaintiff received a loan of nine million won from F Co., Ltd. and remitted the said nine million won to the Defendant on the same day.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence 1, 2, 4, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The purport of the Plaintiff’s assertion is that the Plaintiff and the Defendant agreed to obtain a loan from a financial institution and lend the loan to the Defendant in lieu of the principal and interest of the loan. On September 30, 2016, the Plaintiff extended a total of KRW 15 million from CF on January 26, 2017, KRW 15 million from E Co., Ltd. and KRW 35 million from E Co., Ltd. on February 3, 2017, and lent a loan to the Defendant. The Plaintiff paid the principal and interest of KRW 15 million from the Plaintiff’s deposit account from February 2, 2017 to November 201, and suspended after the Plaintiff paid the loan to the Plaintiff by paying the principal and interest of KRW 15 million from C Co., Ltd. on the basis of around November 2017, the Plaintiff remains at KRW 10,434,014, KRW 384,3784,3784,3788,487.

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