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(영문) 서울중앙지방법원 2020.02.04 2019가단5125327
대여금
Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from November 21, 2018 to the date of full payment.

Reasons

1. The part concerning the plaintiff's claim against the defendant B and C

(a) describe the part concerning Defendant B and C of the grounds for the attachment of the claim;

B. Article 208(3)3 of the Civil Procedure Act (by service by public notice) of a basic provision stating the grounds for judgment in a brief manner

2. On April 15, 2018, the Plaintiff asserted that: (a) around April 15, 2018, the Plaintiff agreed to lend KRW 50,000,000 to Defendant D at a fixed rate of 1% per month on April 20, 2019; and (b) delivered KRW 50,000,000 in cash to Defendant D on April 20, 2018.

It is insufficient to acknowledge that the Plaintiff agreed to lend KRW 50,00,000 to Defendant D solely on the basis of the statement Nos. 1 and 3 without the name of Defendant D and the statement of Nos. 2, which is merely a text message to the extent that Defendant D received money well, and there is no other evidence to acknowledge otherwise.

The Plaintiff’s assertion on Defendant D is without merit.

The plaintiff's claim against the defendant D is without merit, and it is dismissed.

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