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(영문) 인천지방법원 부천지원 2018.12.21 2018가합854

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 216,00,000 and 5% per annum from January 1, 2018 to December 5, 2018.

Reasons

1. If the purport of the entire argument is added to the evidence Nos. 1 and 2 as to the cause of the claim, the defendant C borrowed KRW 216,00,000 from the plaintiff on December 31, 2017, and the defendant C borrowed KRW 216,00,00 from the plaintiff on October 3, 2017, with the due date specified on December 31, 2017, and the interest payment date specified on December 15, 2017. The defendant B also borrowed KRW 216,00,000 from the plaintiff on October 3, 2017 to the plaintiff on December 31, 2017; the defendant C borrowed KRW 215,00,00 from the next day to the due date of payment on December 31, 2017 to the date of payment on the interest payment order; the defendant B prepared a certificate of borrowing KRW 10,000,000,000 for the plaintiff, respectively, within the meaning of 2016.

As to this, Defendant B did not receive money from Defendant C that he would receive money from the Plaintiff, Defendant B cannot accept the Plaintiff’s claim. However, the above assertion cannot be a legitimate ground for defense as to the Plaintiff’s loan or joint and several liability claim, and it cannot be accepted without further review.

2. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.