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(영문) 대전지방법원 2016.10.18 2016나3131

대여금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Defendants: (a) borrowed money from March 2004 to Defendant B as the debtor on several occasions from the Plaintiff; (b) the total amount of the borrowed money was caused by KRW 150 million (hereinafter “the borrowed money”); (c) on December 30, 2004, the Plaintiff, on behalf of the creditor and the Defendants, borrowed 150 million from the Plaintiff on December 20, 2014 on a yearly interest rate of KRW 66%; and (d) on January 20, 205, on behalf of the debtor and the Defendants, the Defendant borrowed 150 million from the Plaintiff on December 20, 2014 (hereinafter “the instant claim”); and (d) the Defendant C and D were jointly and severally and severally liable for the above borrowed money to the Plaintiff; and (e) drafted a notarial deed that acknowledges that there was no objection even if the debtor and joint guarantor are subject to compulsory execution.”

B. The Defendants operated a restaurant from February 1, 2004 to June 8, 2005 with the trade name of “F”, and used the instant borrowed money for the restaurant’s business.

C. The Defendants closed the business of F on June 8, 2005, and transferred F’s goodwill, etc. to Nonparty G, etc. The Plaintiff received KRW 80 million from the transferee around July 14, 2005 in the said transfer process, and the Plaintiff received KRW 80 million from the transferee around July 14, 2005, and double KRW 15.3 million as interest on the instant loan, and appropriated KRW 60 million as principal for the instant loan loan.

On the other hand, the loan settlement account book prepared by the Plaintiff states the above KRW 90 million as the loan date and the original amount “F” as the loan amount of KRW 10 million on March 3, 2004, KRW 25 million on December 20, 2004, KRW 5 million on January 5, 2005, KRW 20 million on January 17, 2005, KRW 20 million on January 17, 2005, and KRW 15 million on February 27, 2005, and the debtor column as to the loan amount of this case stated “F” in the debtor column.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 2, Eul evidence 1 through 2, the purport of the whole pleadings.

2. The parties' assertion

A. The Defendants alleged by the Plaintiff are jointly and severally liable.