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(영문) 수원지방법원 2015.08.18 2014나47198
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable to the Plaintiff for KRW 20,000,000.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 5’s argument as to the cause of the claim, the defendants borrowed KRW 40 million from the plaintiff on or around May 13, 201, and delivered a loan certificate (hereinafter “the loan certificate of this case”) as of June 30, 201 to the plaintiff. The loan certificate of this case contains all the defendants as the borrower. The defendants can be acknowledged that the plaintiff paid KRW 20 million to the plaintiff around August 21, 2012. Thus, the defendants are obliged to pay the plaintiff KRW 40 million (=40 million -20 million) and delay damages therefrom, barring special circumstances.

2. Judgment on the defendants' assertion

A. The Defendants, at the time of preparing the instant loan certificate, enticed the Defendants as if they lent the amount of KRW 12 million paid by the Plaintiff to D and E (the amount of KRW 8 million, plus interest, KRW 20 million) at the time of making the instant loan certificate, and thus, the Defendants were unaware of the Defendants on the ground of the Plaintiff’s deception. Even if the Plaintiff’s act did not amount to deception, the legal act regarding the preparation of the said loan certificate was revoked, and even if the Plaintiff’s act did not amount to deception, the said loan certificate was cancelled due to the Defendants’ mistake induced by the Plaintiff. As such, the said loan certificate is null and void, and the amount actually borrowed by the Defendants is merely KRW 20 million, and the amount actually borrowed by the Plaintiff is merely KRW 20 million. As long as the Defendants repaid the amount of KRW 20 million to the Plaintiff, there is no evidence to acknowledge this. Therefore, the Defendants’ assertion is without merit.

B. The Defendants asserted that, inasmuch as there is no special agreement that the Defendants owed to the Plaintiff based on the instant loan certificate, each of the obligations owed by the Defendants ought to be viewed as a divided debt relationship, the Health Unit.

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