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(영문) 광주지방법원 2015.02.10 2014가단46971

대여금

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 30,000,000 and Defendant B with respect thereto from October 23, 2014, and Defendant C.

Reasons

1. The deceased D (hereinafter “the deceased”) lent KRW 30,00,000 to Defendant E on November 3, 2004 in full view of the purport of the entire pleadings on the statement in the evidence No. 1, no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking into account the purport of the pleading as to the statement in the evidence No. 1, and at the time, Defendant C guaranteed the above loan obligation against the deceased. The deceased died on April 9, 2014, and the deceased’s heir agreed on the division of inherited property that the deceased’s heir would revert to the Plaintiff.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 30,000,000 won and each copy of the complaint to the plaintiff from October 23, 2014, and the defendant C is jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum from October 7, 2014 to the date of full payment.

2. As to the Defendants’ assertion, the Defendants drafted a loan certificate (No. 1) with the pressure of the deceased, etc., and asserted that the deceased renounced his claim against the Defendants. However, the entries of No. 1 alone are insufficient to recognize it, and there is no other evidence to acknowledge it. Therefore, the Defendants’ assertion is difficult to accept all of the aforementioned assertion.

3. In conclusion, the plaintiff's claim against the defendants of this case against all of the plaintiff is justified and it is so decided as per Disposition.