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(영문) 인천지방법원 2015.05.13 2014가단83066

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 17,00,000 and 5% per annum from January 9, 2015 to May 13, 2015.

Reasons

1. In light of the overall purport of the arguments in Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff loaned 35 million won to the defendants who are the married couple from July 16, 2012 to July 25, 2012 for the purpose of the automobile consignment business fund, etc., and the defendants can be found to have failed to fully pay the above loan despite the plaintiff's demand due to the reasons why the money was not recovered from the trustee. Thus, pursuant to Article 832 of the Civil Act (or Article 57 (1) of the Commercial Act), the defendants jointly and severally and severally agreed to the plaintiff pursuant to Article 832 of the Civil Act (or Article 57 (1) of the Commercial Act), after deducting 18 million won from the person to whom the plaintiff was paid the above loan, and the scope of the defendants' obligation to pay 17 million won from January 9, 2015 to the date following the delivery of a copy of the complaint of this case.

2. If so, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claim for delay is dismissed as it is without merit. It is so decided as per Disposition.