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(영문) 서울남부지방법원 2016.02.04 2015나7003

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On August 5, 2010, the Defendants drafted a certificate of borrowing that the Plaintiff and D borrow KRW 70 million from them at the interest rate of 2% per month.

B. The Defendants borrowed KRW 9.1 million from the Plaintiff on April 1, 201, and KRW 4.5 million from E on September 5, 2011.

C. On October 12, 201, the Defendants drafted a written confirmation (hereinafter “instant written confirmation”) stating that “The Defendants borrowed KRW 84 million as of October 5, 201, and among them, KRW 30 million as of October 10, 201, the remaining loan amount remains at present after repaying it in October 10, 201.” (hereinafter “instant written confirmation”).

On April 10, 2013, the Defendants drafted an agreement on the repayment of loan (hereinafter “instant loan instrument”) with the purport that the Defendants borrowed KRW 62,50,000,000,000,000,000,000 in total, including the loan amount of KRW 54,000,000 and interest thereon, from the loan amount of KRW 2,50,000 per month, and the repayment period of the loan was set on May 10, 2013.

E. On November 25, 2014, the Defendants established the right to collateral security of KRW 100 million with respect to G apartment 206, 106, and 106 units of the Geumcheon-gu Seoul Metropolitan Government G apartment owned by the Defendants to set up a contract establishing the right to collateral security of KRW 100,000,000 for the same purport, and the following day, the Defendants completed the registration of the establishment of the right to collateral security to D and E.

(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 8 (including each number), the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the facts of recognition as above, the Defendants are jointly and severally liable to pay the borrowed money and damages for delay to the Plaintiff, D, and E in accordance with the loan certificate of this case. Meanwhile, under Article 262(2) of the Civil Act, the shares of co-owners are presumed to be equal. Thus, the Defendants are jointly and severally liable to the Plaintiff, and the borrowed money is KRW 62.5 million according to the loan certificate of this case.