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(영문) 수원지방법원 2015.09.09 2014가단513397
대여금
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 29,200,000 and 5% per annum from February 1, 2014 to September 9, 2015; and (b)

Reasons

1. Facts of recognition;

A. around October 30, 2013, Defendant B requested the Plaintiff to lend money at the construction site of a D University with insufficient funds, and Defendant B borrowed KRW 7,100,000 in total from the Plaintiff by allowing the Plaintiff to deposit money through his own account four times from the time of requesting the Plaintiff to lend money, or using the Plaintiff’s credit card.

B. Defendant B: (a) lent to the Plaintiff the remainder of KRW 50 million due to Nonparty F’s failure to obtain a successful bid from the Asset Management Corporation for a public sale; and (b) the Plaintiff deposited KRW 40 million with the F’s account designated by Defendant B on November 29, 2013; (c) on December 3, 2013, Defendant B promised to pay the remainder of KRW 25 million due to Defendant B’s failure to pay the remainder of KRW 25 million.

C. However, Defendant B, who actually used the above KRW 40 million borrowed from the Plaintiff, was the Defendant C. The Defendant C promised on January 29, 2014 that the Plaintiff would pay KRW 25 million, which was unpaid, to the Plaintiff.

On the other hand, around November 2013, Defendant B performed the Plaintiff’s pentle construction work at the studio construction site located G at the time of the end of the year, setting the construction cost of KRW 3 million, and the Plaintiff is obligated to pay KRW 100,000 to Defendant B with the payment of KRW 2,90,000 to Defendant B.

[Ground of recognition] In the absence of dispute against Defendant B: Each entry and video of Party A1-11 (including the branch number) and the purport of the whole pleadings against Defendant C: Decision by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. The assertion and judgment

A. According to the facts of the determination as to the Plaintiff’s cause of claim, Defendant B shall pay the Plaintiff the outstanding amount of KRW 7.1 million with the borrowed amount of KRW 7.1 million and KRW 25 million with the borrowed amount of KRW 40 million.

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