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(영문) 인천지방법원부천지원 2016.06.17 2016가단2491

대여금

Text

1. The Defendants jointly share KRW 160,000,000 with the Plaintiff and Defendant B with respect thereto from February 5, 2006 to March 7, 2016.

Reasons

1. Determination as to the claim against the defendant B

A. On February 5, 2006, Defendant B borrowed KRW 260,000,000 from the Plaintiff and repaid KRW 100,000,000 thereafter.

Therefore, Defendant B is obligated to pay to the Plaintiff 160,000,000 won of the outstanding balance of the above borrowed amount and interest or delay damages calculated at the rate of 5% per annum from February 6, 2006 to the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the date of complete payment.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts.

2. Determination as to the claim against Defendant C

A. On February 5, 2006, Defendant B borrowed KRW 160,000,00 from the Plaintiff on the ground of the claim, and prepared and delivered a cash custody certificate (Evidence A 1; hereinafter referred to as “the cash custody certificate of this case”). Defendant C, at the time, signed with Defendant B on the part of the “cash custody certificate of this case,” which is the cash custody of the cash custody certificate of this case, signed and stamped with Defendant B; the Plaintiff paid KRW 100,000,000 to the Plaintiff, and appropriated it for the principal, may be recognized by the statement of Evidence A. 1.

According to these facts, it is reasonable to view that Defendant C also signed and sealed the cash custody certificate of this case with the intent to jointly repay the above borrowed amount. As such, Defendant C is jointly and severally liable to pay the unpaid balance to the Plaintiff out of the borrowed amount.

Furthermore, as to the initial date of the payment for delay, the cash custody certificate of this case does not specify the due date and otherwise prove that the due date has been fixed, this is a debt with no due date for the performance of the obligation. Thus, unless there is any evidence to prove that the Plaintiff requested the performance to the Defendant C before the instant lawsuit, the Defendant C shall be held liable for delay from the time when the complaint of this case containing the Plaintiff’s expression of intent seeking the repayment of the obligation was delivered.