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(영문) 수원지방법원 2016.08.11 2015가단65628

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60,000,000 and the interest thereon from July 8, 2016 to the day of full payment.

Reasons

In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 6 (including additional numbers), the plaintiff lent 60,000,000 won to defendant B several times from September 24, 2008 to September 26, 2009, and the defendant C, who was the husband of defendant B, has jointly and severally guaranteed the obligation to return the above borrowed money to the plaintiff of defendant B. Thus, barring any special circumstance, the defendants are jointly and severally liable to pay to the plaintiff the above 60,000,000 won and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from July 8, 2016 to the day of full payment, as requested by the plaintiff.

On the other hand, Defendant B asserted that the money borrowed from the Plaintiff is merely KRW 20,00,00,000, but since the fact that Defendant B’s loan was 60,000,000 as seen earlier, Defendant B’s above assertion is not acceptable (the Defendant B submitted a written reply stating the above purport and did not appear on the date of the instant pleading proceeding twice). In addition, Defendant C asserted that: (a) the Plaintiff and his family members did not have any intent to actually bear the above obligation; (b) however, there was no evidence to acknowledge the Defendant C’s assertion that each of the instant loan certificates (No. 1, 2) of this case (Evidence A) presented by Defendant C had been drafted by coercion of the Plaintiff et al.; and (c) there was no other evidence to acknowledge that the Defendant C’s assertion was written by coercion of the Plaintiff et al.

Thus, the plaintiff's claim against the defendants is justified, and all of them are accepted.