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(영문) 수원지방법원여주지원 2016.11.29 2016가단8352
대여금
Text

1. The Defendants’ respective Plaintiff KRW 30,000,000, and Defendant B with respect thereto from October 29, 2016, and Defendant C with respect thereto on November 1, 2016.

Reasons

1. The Plaintiff, on October 24, 2005, lent KRW 30,000,00 to Defendant B on a due date on December 24, 2005, and Defendant C guaranteed the above obligation against the Plaintiff by Defendant B, without any dispute between the Plaintiff and Defendant B, and between the Plaintiff and the Defendant C, it may be recognized in accordance with each of the evidence Nos. 1, 2 and 3.

Therefore, barring any special circumstance, the Defendants are obligated to pay the above loan amount of KRW 30,000,000 to the respective Plaintiff and delay damages therefor.

2. Defendant B’s defenses to the effect that the payment of the above debt was made in lieu of Defendant B’s debt, as set forth in No. 104 and No. 105, which was owned by it.

However, in order for the payment in substitutes to take effect of the extinguishment of an obligation, other benefits provided by the obligor in lieu of the original performance must be realistic, and in such case, if other benefits are the transfer of ownership of real estate, the registration to take effect of the change in real rights over

(See Supreme Court Decision 82Meu1758 Decided June 26, 1984. However, according to the evidence evidence evidence No. 1, the provisional registration right holder as of September 23, 2008, regarding No. 104 Dong-dong 105 on September 23, 2008, which was Defendant B owned by the Plaintiff, can be recognized that the provisional registration was cancelled on October 14, 2010, but the provisional registration completed under the name of the Plaintiff cannot be deemed as a registration that takes effect of a change in real rights, and thus, the payment in kind that takes effect of the extinguishment of obligation cannot be deemed as having been made, contrary to the Defendant’s assertion.

Therefore, the defendant's defense is without merit.

(3) The defendants Eul asserted that the principal registration based on the above provisional registration was not completed due to the plaintiff's reasons attributable to the plaintiff, but there is no evidence to acknowledge this). Therefore, the defendants are liable to pay 30,000,000 won to each plaintiff and the defendant Eul against this.

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