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(영문) 인천지방법원부천지원 2014.09.30 2014가단15660
대여금
Text

1. The defendant shall pay 700,000,000 won to the plaintiff and 20% per annum from March 20, 2014 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 11 (including the provisional number; hereinafter the same shall apply) as to the cause of the claim, the court may conclude a loan agreement with the defendant on July 7, 2008 (the extension on July 7, 2013) to grant a loan of KRW 1,50,000 between the plaintiff and the defendant on July 7, 2010 (the extension on July 7, 2013), and deposit KRW 1,50,000,000 in the account in the name of the defendant on the same day (hereinafter the "loan agreement of this case"). According to the above recognition, the defendant is obligated to pay the above loan of KRW 70 million,000,000,000, which the plaintiff seeks, and delay damages therefrom, unless there are special circumstances to the plaintiff.

2. The defendant's defense is proved by the false agreement that the defendant served as the accounting staff of the non-party C Co., Ltd. (hereinafter "non-party C") who is the representative director, and the contract of the loan of this case was actually made in the name of the third party in order to avoid the limit of the same person's loan while lending the loan to B.

In order to establish a false declaration of intention, there should be an agreement between the other party and the other party as to the disagreements. If a third party directly signs and seals as a principal debtor or joint guarantor in loan-related documents, such as a monetary loan agreement, etc., the third party expressed that he is the debtor of the loan for consumption, and the third party has expressed his intention to have another person use the loan under the name of the third party by avoiding the credit restrictions set by the financial institution, etc.

Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, this is merely an intention to vest economic effects under a loan for consumption in another person, and there is also a legal effect.

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