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(영문) 울산지방법원 2016.04.14 2014가합5032

대여금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 189,281,559 and as a result, from January 15, 2015 to April 14, 2016.

Reasons

1. Basic facts

A. Relevant Defendants B and C are married to the parties, and Defendant B is the startings of the Plaintiff.

The Defendants are operating a bath in Busan-gu D with a mutual name, and the bath is registered in the name of Defendant C.

B. The Plaintiff, on June 21, 2006, remitted KRW 80,000,000 from the account under the name of G, a house owner, to the account under the name of Defendant C. (2) On June 23, 2006, the Plaintiff remitted KRW 20,000,000 from the account under the name of Defendant C to the account under the name of Defendant C.

3) On July 7, 2006, from the account under the name of H, the Defendants remitted KRW 10,000,000 to the account under the name of H I in the name of the Defendants. 4) On July 7, 2006, the Plaintiff lent KRW 20,000,000 to K after her husband J, and gave the Defendants in cash.

5) On July 10, 2006, borrowed KRW 20,000,00 from L’s account to L’s account. (c) The Defendants paid KRW 20,000,000 to the Plaintiff for eight months from October 23, 2006 to May 25, 2007.

2) On March 7, 2008, KRW 90,000 (No. 58,000,000, Promissory Notes 20,000,000, Account Transfer KRW 10,000,000, Cash KRW 2,000, 2,000) were paid. The fact that there is no dispute over the ground for recognition, and Party A’s evidence No. 1 through 10 (including the number of pages 2; hereinafter the same shall apply) were paid.

(1) The statements in Eul evidence 1, the witness M's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff is the defendants from June 21, 2006 to the same year.

9. Until March 13, 200, the Defendants received interest of KRW 3,00,000 per month and lent KRW 250,000 in total on six occasions (hereinafter “instant money”). The Defendants are jointly and severally liable to pay KRW 24,00,000 in total as interest during eight months from October 23, 2006 to May 25, 2007, and KRW 90,000 in total as principal on March 7, 2008. The Defendants are jointly and severally liable to pay the remaining interest of KRW 189,358,910 in total and delay damages.