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(영문) 수원지방법원 2015.12.24 2015가합2167
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 830,000,00 and Defendant B from April 4, 2015, and Defendant C.

Reasons

1. Basic facts

A. Defendant B served as the representative director of D Co., Ltd. (hereinafter “D”) that was dissolved as of December 2, 2013, and Defendant C was a person who actually operated D.

B. From June 18, 2003 to June 15, 2006, the Plaintiff paid the Defendants totaling KRW 530 million to Defendant B’s account, and KRW 30 million to Defendant C, including KRW 30 million in cash.

C. On October 30, 2006, the Defendants prepared and delivered the following details to the Plaintiff (hereinafter “the details of the instant loan”).

[Amount of loans] The amount of KRW 40 million on June 18, 2003, the amount of KRW 60 million on June 19, 2003, the amount of KRW 10 million on July 4, 2003, the amount of KRW 30 million on January 12, 2004, the amount of KRW 30 million on November 30, 2004, the amount of KRW 150 million on December 28, 2005, the amount of KRW 150 million on June 15, 2006, and each written statement confirming that it shall be liable for the above amount of KRW 150 million on June 15, 2006, and shall be repaid at any time.

On October 30, 2006, No. 403 1302, 403 Dong-dong 808, Suwon-si, Suwon-si, Suwon-si, the debtor's address, and the F apartment-gu, Suwon-si, Suwon-si.

D. From December 7, 2007 to October 13, 2009, Defendant C paid to the Plaintiff KRW 140,1400,000,00 as interest, over 33 occasions.

[Ground for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C (Article 150 of the Civil Procedure Act) and the purport of the whole pleadings, each of the entries and arguments as to “A”, “A”, “A”, “A”, “I”, “B”, “B”, and “B”, respectively.

2. Determination

A. In a case where the authenticity of the judgment document on the cause of the claim is recognized, the court shall, in principle, recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable evidence to deny the content of the statement.

(See Supreme Court Decision 2014Da29667 Decided September 26, 2014, etc.). According to the above facts of recognition, the Plaintiff paid a total of KRW 830 million to the Defendants from June 18, 2003 to June 15, 2006, and the Defendants prepared and delivered the details of the instant loan to the Plaintiff on October 30, 2006.

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