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(영문) 청주지방법원 충주지원 2018.04.19 2017가단2437

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 80,000,000 and the interest rate therefor from July 29, 2017 to the date of full payment.

Reasons

Facts of recognition

Around March 2003, the network D (hereinafter referred to as “the deceased”) prepared a loan certificate stating that the Defendant B and 50 million won interest shall be KRW 800,000 per month, and the loan period shall be from March 27, 2003 to April 27, 2004, and the Defendant C, the husband of the Defendant B, was written as a joint and several surety.

On July 22, 2005, the Deceased drawn up a loan certificate that lends the amount of KRW 20 million to Defendant B on July 28, 2005.

The Deceased, on November 8, 2007, additionally lent KRW 20 million to Defendant B, prepared a loan certificate with the content that the principal is KRW 70 million, interest KRW 10 million, and the lending period is from December 8, 2007 to December 8, 2017 (10 years), and the above loan certificate contains the name of Defendant C.

The Deceased died on February 3, 2016.

As the deceased’s inheritor, E, the Plaintiff, and F exist. On November 9, 2017, E and F transferred the Plaintiff’s claim against the Defendants to the Plaintiff. On November 23, 2017, the notice of the assignment of claim was issued upon the arrival of the preparatory document dated November 13, 2017 to the Defendants.

【In full view of the following circumstances which can be recognized as a result of the fact-finding of the facts without any dispute, Gap's 1 through 3, and 8 through 10 (including virtual numbers; hereinafter the same shall apply)'s written statements, and the ground for claim determination of the whole purport of the pleadings, and the evidence revealed earlier, Gap's 7 and 11 evidence, G unions, and H offices, the defendant Eul borrowed KRW 80 million from the deceased, and the defendant C can be recognized as a joint and several liability of the defendant Eul. Thus, the defendants are jointly and severally liable for payment of KRW 80 million and damages for delay to the plaintiff who acquired the claim from other inheritors.

The cash loan certificate (No. 1-1) drawn up on March 2003 is marked with the seal of the Defendants, and the above seal is attached to the seal register registered by the Defendants at the time.