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(영문) 부산지방법원 2017.01.17 2016가단35839
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,00,000 and the interest thereon from August 2, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On March 6, 2008, the Plaintiff remitted each of the KRW 30,000,000 to the account of Defendant B’s wife F (see evidence 1) and KRW 50,000,000 (see evidence 3, e.g., evidence 1) to the account of Defendant B (G real estate) on December 2, 2010, and lent the same (hereinafter “the instant loan”), and the Defendants drafted and provided a certificate of borrowing, etc. as follows.

The amount of document No. 2, which is the debtor on the date of preparation of document No. 1, 2010 on December 1, 2010, Defendant C C’s 1, 201, each of Defendant C’s 4-1, 100,000 won Defendant B’s 4-10,000,000 won, each of Defendant B’s 4-10,000 won Defendant B’s 10,000 won on August 4, 2011.

4. Defendant B, Defendant B, who was KRW 10 million, KRW 500,000,000,000 for December 1, 201, the respective payment note for Defendant E-5,00,00 won

B. On December 26, 2011, Defendant C remitted KRW 10,000,00 to the Plaintiff; Defendant B, around March 2012, 201, deposited KRW 30,000,000 to the Plaintiff; and Defendant C, upon paying the Plaintiff KRW 4,80,000,000 on June 28, 2012, prepared a written statement of payment as follows.

Defendant B (based on recognition) Defendant C [Defendant B] (based on recognition) with no dispute between the parties, and Defendant C: Each of the descriptions (the purport of the entire pleadings) in subparagraphs 1 through 7, as well as the purport of the entire pleadings, in the entirety of the arguments, with the payment angle of No. 7-1 on August 29, 2012, KRW 65 million on August 29, 2012, and KRW 7-2, KRW 65 million on October 6, 2013, and KRW 65 million on August 6, 2013.

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 65,00,000,000 and damages for delay, excluding the amount the Plaintiff was repaid.

B. Defendant C puts his signature and seal on the pages No. 2, and did not sign and seal on the debtor column. However, Defendant C stated at the date of the second pleading of the instant case that “Defendant C’s signature and seal on the debtor column, among the evidence No. 2, obtained Defendant C’s prior consent,” and on the date of the first pleading of the instant case, “A” on the date of the first pleading of the instant case.

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