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(영문) 울산지방법원 2018.10.12 2018가단52695

대여금

Text

1. Defendant C, D, and E are jointly and severally liable to the Plaintiff for KRW 200 million and its related amount from May 19, 2008 to February 7, 2018.

Reasons

According to the statement in Gap evidence No. 2, the plaintiff can recognize the fact that the plaintiff remitted 100 million won to the deposit account in the name of defendant Eul Co., Ltd. on May 15, 2008 and 17. 100 million won on May 17, 2008.

The plaintiff asserts that the above remitted KRW 200 million was lent to the defendant B, C, and D, and that the defendant Eul corporation jointly and severally guaranteed the above money, so the defendants are jointly and severally liable to pay the above amount to the plaintiff.

With respect to the Plaintiff’s claim against Defendant C, D, and E, since the Defendants were served with a duplicate of the complaint of this case and did not appear on the date of pleading without submitting a written response, it is deemed that they led to the entire confession of the Plaintiff’s assertion under Article 150(3) and (1) of the Civil Procedure Act.

With respect to the Plaintiff’s claim against Defendant B, it is insufficient to view that the above KRW 200 million was borrowed by Defendant B solely on the basis of the health account and the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge

Therefore, the plaintiff's claim against the defendant C, D, and E is justified, and the claim against the defendant B is dismissed as it is without merit.