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(영문) 수원지방법원평택지원 2015.11.06 2014가합10665
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiffs, Defendant, and D are both married couple, and Plaintiff B and Defendant are siblings.

B. From September 29, 2001 to December 26, 2013, Plaintiff A lent KRW 14,8550,000,000 to D as shown in the separate sheet, and received KRW 119,126,00,00 in total as the principal and interest for the said loan from January 20 to September 5, 2014.

C. Around May 24, 2014, the Plaintiffs settled the balance of D’s debt with D’s loan to Plaintiff A as KRW 122,500,000 (hereinafter “the instant loan”). On the other hand, the Defendant’s husband and wife demanded the Defendant’s husband and wife to “a notarized the Defendant’s debt with respect to the instant loan.”

Plaintiff

On June 3, 2014, A and D drafted a notarial deed of a monetary loan agreement that “D shall pay to the Plaintiffs KRW 122,500,000 to KRW 100,000 as at the end of each month from September to December 2014, KRW 200,000 as at the end of each month from January to November 2019, KRW 50,000 on December 31, 2015, and KRW 64 in total.”

마. 원고 A은 공정증서를 작성하는 자리에서 피고에게 보증을 요구하였으나 피고는 “뭘 보증인 해요 어차피 집사람 ”이라고 말하며 이를 거절하였다.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, witness D's testimony, the court's order to submit financial transaction information to the Director of the Nonghyup Bank's Support Center for the Receipt of No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant either borrowed money from the plaintiffs jointly with D or expressed the plaintiffs' intent to jointly repay the debt with D.

Even if it is not so, the debt of this case is related to the ordinary family affairs of the couple, so the defendant is jointly and severally liable with D.

B. The defendant's assertion that he did not borrow money from the plaintiffs jointly with D.

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