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(영문) 서울중앙지방법원 2015.03.27 2014가합571651

대여금

Text

1. The Defendant’s KRW 153,33,33 among the Plaintiff and KRW 18,33,33 among the Plaintiff, shall be from July 31, 2005 to November 28, 2014.

Reasons

1. In full view of the purport of Gap evidence No. 1-1 and evidence No. 2 as to the claim amounting to 5,000,000 won, and the purport of Gap evidence No. 2 as to Gap evidence No. 1-1 and the whole arguments, the plaintiff shall make the defendant, non-party C, and D as joint borrowers, and it can be recognized that the plaintiff shall set the amount of KRW 55,000,000 as the maturity date on July 30, 2005, including the sum of KRW 4,000,000,000, and the sum of KRW 51,000,000 for them as joint borrowers.

The Plaintiff made an indirect assertion to the effect that the above borrower agreed to pay the above borrowed loan obligation as an indivisible obligation (the Plaintiff submitted the above 5,000,000 won to the Plaintiff and damages for delay thereof). However, it is insufficient to recognize that the entries of the evidence No. 1-1 by the Defendant alone, as stated in the above 5,00,00 won, are insufficient to acknowledge that the above parties agreed to pay the borrowed loan obligation as an indivisible obligation by declaration of intention, and there is no other evidence to prove otherwise.

Where several creditors or debtors jointly borrow money, unless there are any special circumstances, the obligation to return the borrowed money by joint borrowers under Article 408 of the Civil Act Article 408 (Relation to Section 408) of the Civil Act shall have the right and assume the obligation at an equal rate unless there exist any special declarations of intention.

section 31 of this title.

Therefore, the defendant, one of the three joint borrowers, has a duty to pay to the plaintiff 18,33,33 won (=5,00,000 won x 1/3,000 won x less than won x 1/3,000 won ; hereinafter the same shall apply) and damages for delay at each rate of 20% per annum under the Civil Act from July 31, 2005 to November 28, 2014, which is clear on the record that the delivery date of the copy of the complaint of this case is from July 31, 2005 to November 28, 2014, and from the next day to the day of full payment.

2. In full view of Gap evidence No. 1-2 and Gap evidence No. 2 as to the part concerning the claim amounting to 100,000,000 won, and the whole purport of the pleadings, the plaintiff shall be the defendant on March 2005.