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(영문) 서울북부지방법원 2017.07.07 2016가단26119
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 35,300,000 and Defendant B with respect thereto from September 9, 2016, and Defendant C with respect to the said amount.

Reasons

1. Facts of premise;

A. The Plaintiff, who became aware of through Defendant C, lent money to Defendant B, a merchant operating the clothing business, several times.

B. The Plaintiff’s date on October 10, 2008 (interest rate of 20,00,000 won (interest rate of 5% per month) and the maturity of repayment on October 10, 2009 (hereinafter “the instant loan certificate”). D. Meanwhile, from the Plaintiff’s account, the Plaintiff transferred KRW 10,000,000 in total to the Defendant’s account on October 13, 2008, and KRW 35,300,000,000 in the Defendant’s account on December 2, 2008, and KRW 3,000,000 in each of the Defendant’s funds.

5.3. Payment by the end of May, the remainder; and

hereinafter referred to as the "statement of payment in this case" means the statement of payment in this case.

) They are keeping custody. [Grounds for Recognition] The fact that there is no dispute, Gap evidence 1-2, Gap evidence 2-2, and 3-2 (including above numbers), the whole purport of the pleadings [the defendant C asserted that the authenticity of the payment note attached to Gap evidence 2 was altered while denying the authenticity of the payment note attached to Gap evidence, but there is no evidence to acknowledge the fact of alteration.

A person shall be appointed.

2. Determination

A. The Plaintiff asserts that (i) the Plaintiff received the instant payment note from the Defendants around April 25, 2010, as the total amount of KRW 34,000,000 of the entire loan from September 12, 2008 to July 8, 2009 and KRW 600,000 of the red ginseng X-ray price, and KRW 700,000 of the interest on the said loan, etc., and thus, sought the return thereof.

Dor this, Defendant C asserted to the effect that Defendant C merely borrowed from Defendant B and Defendant C did not know, and that it did not guarantee the amount of the Plaintiff’s assertion.

B. (i) The Plaintiff was stated on October 10, 2008 that the instant letter of payment was drafted on the one-time date for pleading, but was later written on April 5, 2010, when it was later erroneous.

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