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(영문) 대구지방법원 2018.01.26 2016가단42296

대여금

Text

1. The Plaintiff:

A. Defendants B and C are jointly and severally 42,900,000 won and the aforementioned amount shall be from July 11, 2017 to January 26, 2018.

Reasons

1. Facts of recognition;

A. On December 22, 2014, Defendant B and Defendant C agreed to repay money within a certain period of time with the Plaintiff’s finding on December 22, 2014, and the Plaintiff wired KRW 4750,000 to E’s account designated by the said Defendants.

B. On December 23, 2014, the Defendants requested that the Plaintiff borrow KRW 33,250,000 when finding the Plaintiff and presenting a passenger car as collateral, and the Plaintiff wired KRW 33,250,000 to the national bank account of F designated by the said Defendants.

C. After doing so, the above Defendants repaid the total amount of KRW 38 million, which was KRW 30 million, and did not repay the remainder of KRW 8 million.

On February 3, 2015, the Defendants asked the Plaintiff to lend a passenger car of KRW 18 million as collateral, and the Plaintiff lent KRW 25 million by mistake. The Plaintiff requested the said Defendants to return the portion of KRW 7 million which was erroneously remitted to the said Defendants, but the said Defendants were to pay KRW 33 million including the said amount.

E. On February 5, 2015, the Defendants: (a) sought the Plaintiff on February 5, 2015 and offered a car as security; (b) lent KRW 12 million to G bank accounts designated by the said Defendants; and (c) transferred KRW 12 million to G bank accounts by the said Defendants; and (d) lent money to the said Defendants to KRW 45 million.

F. Thereafter, on April 15, 2015, the Plaintiff received reimbursement of KRW 2.1 million from the said Defendants, but did not receive the remainder of KRW 42.9 million.

G. Meanwhile, on June 3, 2015, Defendant D, jointly and severally with Defendant B and C, drafted a certificate of loan payment of KRW 8,800,000,000, out of KRW 42.9 million, to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including additional number), the purport of the whole pleadings

2. According to the above facts of recognition, Defendant B and C shall jointly and severally serve on the Plaintiff the amount of KRW 42.9 million and the following day after the final delivery date of the complaint of this case from July 11, 2017 to January 26, 2018, which is the date of the instant judgment.