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(영문) 대구지방법원서부지원 2020.05.27 2019가단60506

대여금

Text

1. As to the Plaintiff A’s KRW 80,00,00, and KRW 20,000 to Plaintiff B, Defendant C’s respective money from July 25, 2017.

Reasons

1. Basic facts

A. On December 26, 2012, Plaintiff A remitted KRW 69,000,000 to Defendant C’s account, and KRW 1,000,000 on December 27, 2012, respectively.

B. On September 27, 2012, Plaintiff B transferred KRW 10,000,000 to Defendant C’s account, and KRW 2,000,000,000 on September 28, 2012, and KRW 2,00,000 on September 30, 2012, respectively.

[Grounds for recognition] The items of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. As to each claim against Defendant C, the Plaintiffs each lent KRW 70,000,00 to Defendant C, and the Plaintiff B promised to pay KRW 4,000,000 with the Plaintiff’s credit card and KRW 1,680,000 to July 25, 2017. Defendant C used KRW 4,000,000 with the Plaintiff’s credit card, and received cash services. The Plaintiffs due to Defendant C paid the Plaintiffs related to the opening of the cell phone. Defendant C calculated each of the above obligations against the Plaintiffs as the sum of KRW 100,00,00 ( KRW 80,000 with respect to Plaintiff A, and KRW 20,000 with respect to Plaintiff B). As such, Defendant C promised to pay the Plaintiff’s delay damages in installments from July 25, 2013 to July 25, 200 to each of the above KRW 80,000 with respect to the Plaintiff’s credit card.

Defendant C appears to have led to the above assertion by the plaintiffs under Article 150 of the Civil Procedure Act. As such, Defendant C is obligated to pay to the plaintiff A 80,000,000 won, 20,000,000 won to the plaintiff B from July 25, 2017 to July 11, 2019, the delivery date of a copy of the complaint of this case, 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. As to each claim against Defendant D, the Plaintiffs jointly and severally guaranteed the above obligation against Defendant C, Defendant D also has a duty to pay the Plaintiff A the amount of KRW 80,000,000, and damages for delay against the said money jointly and severally with Defendant C.

The evidence Nos. 4 (Evidence) shall be established. The authenticity shall be made.