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(영문) 서울중앙지방법원 2018.09.14 2017나57525

대여금

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 18, 2014, the Plaintiff, at the request of the Defendants, remitted KRW 20,000,000 to the D account, which is the Defendants’ children, to Defendant B’s account on September 5, 2014, and KRW 20,000,000 to Defendant B’s account on September 5, 2014, respectively.

(1) (1), (2), (3) The sum shall be hereinafter referred to as “the instant money”).

On the other hand, on September 5, 2014, Western Power loaned KRW 22,440,000 to Defendant C on the other hand, but transferred KRW 20,000,000 as stated above ③ and appropriated it for the repayment of the said loan.

(3) The plaintiff transferred the money in the name of the defendant C).

On May 11, 2016, the Plaintiff: (a) lent the instant money to the Defendants with D’s marriage funds; (b) sent the instant notice to the Defendants with a content-certified certificate that the said amount would have been paid until May 25, 2016; and (c) the said notice reached the Defendants around that time.

The Defendants did not answer any question.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, fact-finding results of the court of first instance with respect to the subordinate power, purport of whole pleadings

2. The purport of the parties’ assertion is that the Defendants, who are married couples and couples, lent money to the Plaintiff on August 2014 by means of remitting KRW 26,700,000,000 to the D account on August 18, 2014, and that the Defendants jointly and severally liable to pay the said loan and damages for delay to the Plaintiff pursuant to an implied special agreement or Article 832 of the Civil Act, on September 5, 2014. < Amended by Presidential Decree No. 25557, Sep. 11, 2014>

As to this, the Defendants did not borrow money from the Plaintiff on August 18, 2014 and KRW 5,000,000,000 as of September 5, 2014, taking into account the Plaintiff’s difficult circumstances of Defendant C due to the business division, not the money borrowed from the Plaintiff, and KRW 20,000,000 as of September 11, 2014 is not related to the Defendants, and is between the Plaintiff and Seo-electric Power.

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