(영문) 서울동부지방법원 2015.02.10 2014가단46854

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(영문) 서울동부지방법원 2015.02.10 2014가단46854

대여금 등

Text

1. The Plaintiff:

A. Defendant C shall pay KRW 57 million and KRW 53.8 million among them from August 30, 2014 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendants are married couple. From July 13, 2012 to March 13, 2014, the Plaintiff deposited KRW 600,000 as the monthly deposit amount with the Defendant’s account in the name of Defendant B.

B. On June 13, 2012, the Plaintiff leased KRW 20 million to Defendant C by fixing the period of repayment as 2% per month and by February 13, 2014. Defendant C, on the same day, prepared and provided a loan certificate (Evidence A2) to the Plaintiff.

C. On December 20, 2012, the Plaintiff loaned KRW 10 million to Defendant C by 2.5% per month and by May 20, 2013 during the period of repayment. Defendant C prepared a loan certificate (Evidence A 3) on the same day to the Plaintiff.

Defendant C promised to pay to the Plaintiff on March 11, 2014, the amount of KRW 23.8 million from July 13, 2012 to March 13, 2014, as the amount of KRW 23.8 million to March 13, 2014 was not paid due to the failure in 2013, on a prompt date;

Provided, That it is confirmed that the failure of the accounts is October 2013.

The letter of confirmation was drawn up and issued.

[Grounds for Recognition: Entry of Evidence No. 1-1 to 8-19, the purport of the whole pleadings]

2. Determination

A. (1) The plaintiff's assertion as to the plaintiff's claim for the fraternity is that the plaintiff joined the successful bidder's bid system operated by the defendant Eul and paid the fraternity from July 13, 2012 to the defendant Eul's account. The defendant Eul did not notify the plaintiff even though the fraternity was dispatched on October 2013, and the plaintiff was paid the fraternity by March 13, 2014, and the defendant Eul is the owner of the fraternity, and the defendant Eul is jointly and severally liable to pay the fraternity 23.8 million won to the plaintiff, and there was no fact that the defendant Eul used the passbook in the name of the defendant Eul as the owner of the contract. Thus, the defendant Eul does not have any obligation to pay the fraternity to the plaintiff.

(2) The judgment of the court below was examined, the facts as seen earlier, and Gap.

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