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(영문) 부산지방법원 2016.07.14 2016가단9694

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 18 million and the period from March 1, 2016 to July 14, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence 1 (including a serial number; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

D When running “E” and “F” (hereinafter “each of the instant companies”) and died on July 22, 2015, the Plaintiff is a de facto spouse of D, Defendant B is a partner of D, and Defendant C is the wife of Defendant B.

B. On November 11, 2013, the Defendants drafted a loan certificate (hereinafter “the loan certificate of this case”) stating that “Defendant B borrowed KRW 148 million from the Plaintiff, and the repayment was made in installments over a period of 50 months and KRW 1 million for the first month, and KRW 49,000 for the remaining 49 months, each of which shall be paid in 10,000,000,000,000, and if payment is delayed on one occasion, the payment shall be made in full, and the Defendant C shall be jointly and severally and severally liable for the payment.”

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Plaintiff Defendants are obligated to pay the instant loan and damages for delay to the Plaintiff, since they have lost all installment repayment and the benefit of time set forth in the instant loan certificate by delaying the repayment of the instant loan.

(2) The actual obligee who lent the instant loan to Defendant B is D, and Defendant B pays to D KRW 1 million around February 2014, and KRW 3 million every month from March 2014 to June 2015, and its total amount is KRW 49 million. Thus, the remainder of the instant loan is KRW 90 million.

On the other hand, on July 30, 2016, Defendant C lent KRW 100 million to the Plaintiff. The Defendants, using this as automatic bonds, offset the amount by equal amount between the Plaintiff’s debt amount of KRW 99 million and the Plaintiff’s debt amount of KRW 99 million.

B. (1) Whether partial repayment was made by the Defendants (A) is as follows between February 2, 2014 and June 23, 2015, to the Plaintiff (including D) including D.