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(영문) 서울고등법원 2019.04.10 2018나2014326
대여금
Text

1. The judgment of the first instance court, including the modification of claims by this court, shall be modified as follows:

The plaintiff 1.

Reasons

1. Determination as to the Plaintiff’s claim for loans against the Defendants (claim 1-A)

A. Plaintiff’s assertion 1) The Plaintiff: (a) leased KRW 153,838,374 in total on 40 occasions from December 26, 2011 to June 2, 2014; and (b) the balance of the loan upon repayment of KRW 19,40,000 to Defendant C is KRW 134,438,374; (c) as stated in the “List of Loans to Defendant B” from March 24, 2010 to September 3, 2014; and (d) leased KRW 223,521,70,000 to KRW 300,000,000 in total on 32 occasions from September 24, 2010 to September 3, 2014; and (e) leased KRW 1300,000,000 in total on 320,000,000 won in loan; and (e) paid KRW 300137,00371,000,000.

3) The amount borrowed by the Defendants from the Plaintiff was used in a daily work, and even if not, Defendant B provided that Defendant C would have paid the Plaintiff the money in full. Therefore, the Defendants are jointly and severally liable. (B) Determination on the cause of the claim as to the amount of the loan to Defendant C (A) No. 6,9,17,19,23, and 40 of the loan amount to Defendant C (a) [Attachment 1] No. 1 of the “List of the loan to Defendant C” was the case where the Plaintiff remitted money to a third party other than Defendant C, and the Defendant C alleged that it was a monetary transaction between the Plaintiff and the other party to whom the relevant money was paid.

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