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(영문) 전주지방법원 2014.07.17 2013가단36783

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion on February 20, 1996: (a) around June 20, 1996, the defendant borrowed KRW 25 million from C with the due date set at KRW 8 million with interest around June 20, 1996; and (b) at this time, the plaintiff jointly and severally guaranteed the defendant's obligation to borrow money.

After that, the defendant paid 20 million won.

Accordingly, the amount of the loan borrowed by the defendant was the total of KRW 5 million and interest KRW 13 million and interest KRW 8 million, and 3% interest per month.

After settling the interest of the above 13 million won between C and C, the Plaintiff paid in kind the interest of the above 13 million won to C, and then transferred D Apartment 104, 1209, 1211, such as D Apartment 104, 1209, and 104, 1211.

Therefore, the defendant is obligated to repay the above KRW 27.8 million to the plaintiff.

2. Determination and conclusion of Gap's evidence Nos. 1 through 4 (including paper numbers) and testimony of witness C alone are insufficient to recognize the plaintiff's assertion, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

Thus, the plaintiff's claim of this case is dismissed for reasons.