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(영문) 의정부지방법원고양지원 2016.11.24 2016가단18220

대여금

Text

1. The Defendants jointly pay to the Plaintiff KRW 47,00,000 and the interest rate thereon from July 14, 2016 to the date of full payment.

Reasons

1. The basic facts are between the Plaintiff and the Defendant B, who was living in adjoining neighbors for a period of 30 years, and Defendant C is the children of Defendant B, and Defendant D is the husband of Defendant B, and the fact that the Plaintiff lent money several times upon the request of the Defendants that the Plaintiff lent money for the furniture factory operated by Defendant C, and that the Plaintiff lent money on several occasions at the request of the Defendants that it would be a loan for the

2. The assertion and judgment

A. The Plaintiff alleged that the Defendants did not receive KRW 47 million out of the money loaned as above against the Defendants, and claimed the payment thereof, the Defendants asserted that they paid all the borrowed money from the Plaintiff, and claimed that they paid it.

B. The judgment of the court below is based on the following facts: (a) Defendant D borrowed KRW 47 million from the Plaintiff on May 24, 2014, which is recognized by comprehensively taking into account the respective descriptions of evidence Nos. 2 and 3 as well as the overall purport of the pleadings; and (b) delivered a loan certificate (if the Plaintiff’s husband E prepared and sealed the contents of the loan certificate, so the document’s authenticity is recognized as a whole; and (c) Defendant C filed an application for individual rehabilitation with the Government District Court 2014Da50321 on July 29, 2014; (d) Defendant C reported the amount of debt to the Plaintiff at KRW 47 million; (e) on the other hand, the amount of the money transaction indicated in evidence (Evidence No. 1 and 2) submitted by the Defendants claiming that the Plaintiff paid all debts to the Plaintiff, in light of the amount of interest and the content indicated, and most of the Plaintiff’s assertion that it was paid for the loan or rehabilitation for another purpose.

Ultimately, the defendant's argument is without merit.

Meanwhile, although Defendant C used the above borrowed money, in light of the circumstances of borrowing the said borrowed money (the Defendant B recognized joint and several liability) and the issuance of the above borrowed money, the Defendants shall jointly repay the said borrowed money.