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(영문) 서울남부지방법원 2018.07.05 2017가단13391
대여금
Text

1. Defendant B, jointly and severally with Defendant C, amounting to KRW 45,00,000 and that of said amount, from June 10, 2017 to July 5, 2018.

Reasons

1. The facts of recognition are between Defendant B and Defendant C, and between husband and wife.

In around 2011, the Plaintiff lent KRW 45,00,000 to the Defendants, and the Defendant C issued to the Plaintiff a certificate of KRW 50,000,000, written as of September 10, 2014.

On January 26, 2017, Defendant C, while additionally borrowing KRW 6,000,000 from the Plaintiff on January 26, 2017, drafted a written confirmation that he/she would complete the Plaintiff by March 30, 2017.

On the other hand, when the Plaintiff filed the instant lawsuit against the Defendants on May 17, 2017, the court referred the instant case to the conciliation (Seoul Southern District Court 2017s.31939) and on September 5, 2017, the instant conciliation case issued a compulsory conciliation decision that “the Defendant jointly and severally pays KRW 56,00,000 to the Plaintiff by September 30, 2017” (hereinafter “instant decision”). The said decision reached the Plaintiff on September 8, 2017, and the Defendant C respectively, and the Plaintiff and Defendant C did not raise an objection against the said decision within two weeks from the following day of service.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 and 2, the witness D's testimony, the purport of the whole pleadings

2. According to the facts of finding the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 45,00,000 borrowed money and the damages for delay calculated at the rate of 5% per annum under the Civil Act from June 10, 2017 to July 5, 2018, which is reasonable for the said Defendant to dispute over the existence and scope of the obligation, as sought by the Plaintiff, on the following day of the delivery of a copy of the complaint of this case, as requested by the Plaintiff, from June 10, 2017 to the day after the said decision was made, and from the next day to the day after the full payment was made.

3. According to the facts of finding the claim against Defendant C, as long as the Plaintiff and Defendant C did not raise an objection to the court within two weeks from the date on which they were served with the decision of this case, the said decision becomes final and conclusive on September 26, 2017, where the objection period was set up.

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