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(영문) 서울중앙지방법원 2015.12.22 2013가합80370

대여금 등

Text

1. The Plaintiff:

A. Defendant B: (a) KRW 414,200,000 and 5% per annum from July 3, 2014 to December 22, 2015;

Reasons

1. Fact that there is no dispute over basic facts [based for recognition], entries in Gap evidence 6, 24 through 27 (including provisional numbers; hereinafter the same shall apply), and the purport of the whole pleadings;

A. The Plaintiff and Defendant B knew from around 2004, and Defendant C are children of Defendant B.

B. From February 12, 2009 to November 12, 2010, the Plaintiff deposited KRW 357,000,000 in total over 17 times as shown in the following table 1 with the Defendant C’s account.

Serial 10,00,00 on February 12, 2009; 20.00 on February 16, 2009; 3. 10,000 on March 4, 2009; 10,000 on March 17, 200; 50,00 on March 31, 200; 10,000 on June 1, 200, 200 on June 20, 200, 100 on June 1, 200, 200, 100,000 on July 31, 200, 200, 200 on July 31, 200, 200;

C. Around August 201, the Plaintiff deposited KRW 27,200,000 in the aggregate of KRW 26,50,000 on August 8, 2011 with an account under the name of the Defendant C, and KRW 27,200,000 on August 9, 201. (2) around September 201, the Plaintiff received from Defendant B a promissory note from Defendant B, the par value of KRW 50,00,00,000, and KRW 68,000 on September 2, 201 with an account under the name of the Defendant C, and deposited KRW 30,00 on September 5, 201 with an account under the name of the Defendant C. < Amended by Presidential Decree No. 17035, Sep. 10, 200; Presidential Decree No. 17034, Sep. 30, 200; Presidential Decree No. 170320, Jan. 29, 2000>

However, the two copies of the above Promissory Notes have been settled in full thereafter.

2. As to the Plaintiff’s claim for loans relating to each deposit indicated in the above table 1

A. As to the cause of the claim, 1 Plaintiff: (a) each of the above deposits was jointly and severally liable for Defendant B and C, set at an interest rate of 5% per month or 6%; and (b) Defendant D claimed that Defendant B jointly and severally guaranteed KRW 280,000,000 out of the above loans borrowed by Defendant B and C; and (c) the Defendants jointly and severally liable for the aforementioned loans.