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Reasons
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(영문) 부산지방법원동부지원 2016.07.01 2015가합1160
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 210,000,00 and KRW 90,000 among them, from August 17, 2010 to July 1, 2016.

Reasons

1. Basic facts

A. The Defendants jointly operated accommodation business with the trade name “D hotel” from December 1, 2006 between husband and wife, and the Plaintiff is the omission of Defendant C.

B. The Defendants asked the Plaintiff to lend money as operating expenses of the above hotel, and the Plaintiff lent KRW 200,000,000 to the Defendants as indicated in the following table.

The loan amount (unit: 50,00,000 on August 2, 2007) No. 1 on the date of lease (unit: 20,000,000 on August 3, 2007) 3, 200 on February 18, 2008: 40,000,000 on February 18, 2008; 50,000 on February 19, 2005; 630,000,000 on May 26, 2009 minus the remainder of 23,70,700,000 won deducted from the remainder of 6,300,000 won on May 26, 2009; and

C. In addition, on March 19, 2012, the Plaintiff paid the Defendants KRW 10,000,000.

From September 13, 2007 to August 13, 2010, the Defendants remitted total of KRW 58,757,000 to the account under the name of the Plaintiff and the account under the name of E, the spouse of the Plaintiff.

Meanwhile, the Plaintiff is a person who received interest from the Plaintiff’s complaint from August 16, 2010 on KRW 200,000,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 through 5 (including each number), Eul evidence Nos. 2, 3 (including each number), 14, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion made a loan of KRW 50,00,000 from August 2, 2007 to KRW 20,00,000 from August 3, 2007, and KRW 20,00,000 from February 18, 2008 to receive interest rate of KRW 1% each month. The plaintiff agreed to receive interest rate of KRW 40,000,000 from February 18, 2008 and KRW 40,00,000 from February 19, 2008 to receive interest rate of KRW 1.5% each month, and the loan of KRW 30,00,000 from May 26, 200 to KRW 20,00 from February 19, 200 to KRW 1.30,000 from February 19, 200.

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