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(영문) 부산지방법원 2019.10.31 2019가단5617

대여금등

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 364,704,098 and KRW 66,000,000 among them.

Reasons

1. Determination as to the claim and argument

A. It is recognized that there is no dispute between the parties to the judgment on the claim, or that the following facts are acknowledged in accordance with each of Gap evidence Nos. 1 (including additional number), Eul evidence Nos. 6 and 7-1, and the defendants are obliged to do so in full view of these facts.

(1) On November 20, 2008, Busan District Court's Dong Branch (2008Gaso53979) decided to recommend reconciliation with the following contents.

(Grounds for Claim: A loan claim of 19 million won on April 28, 2008) was finalized around that time.

The Defendants, G, H, F, and I shall jointly and severally pay to the Plaintiff 19,00,000,000 won with 45% interest per annum from June 30, 2008 to the date of full payment.

(2) On April 21, 2009, the Plaintiff was sentenced to the following judgment at the Busan District Court (2009Kadan6925).

(A) A judgment without pleading and the cause of a claim: A loan of 35 million won on January 5, 2009. The above judgment against the Defendants became final and conclusive around that time.

The Defendants and F shall jointly and severally pay to the Plaintiff 35,00,000 won with the interest of 48% per annum from January 7, 2009 to the day of full payment.

(3) On September 2, 2009, the Plaintiff was sentenced to the following judgment by Busan District Court (2009Da30768).

(Voluntary judgment, the cause of the claim: loans extended by 50 million won on March 12, 2009). The above judgment became final and conclusive around that time.

The Defendants jointly and severally pay to the Plaintiff 50,000,000 won with 48% interest per annum from March 14, 2009 to the day of full payment.

B. As to Defendant E’s assertion, the Plaintiff and the Plaintiff’s model B, while engaging in the credit business, draw up Defendant E with significantly low capacity to make a judgment on a fake with Defendant C, making up each of the above loans as an obligor on the loan certificate, and taking the above decisions and rulings into account by including Defendant E in the party, Defendant E did not have any obligation to comply with the Plaintiff’s claim.

Defendant E in light of the descriptions, etc. of the evidence Nos. 3-3 and 4-1 of the evidence Nos. 4.