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Reasons
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(영문) 전주지방법원 2019.11.01 2017가단27428
대여금
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1. Defendant B’s KRW 5,00,000 and the Plaintiff’s annual rate of KRW 5% from January 3, 2018 to November 1, 2019.

Reasons

1. Basic facts

A. The plaintiff is the birth of defendant B, and the defendants are legally married couple.

B. Defendant B received the money listed in [Attachment 1-3] and [Attachment 1-9] from the Plaintiff, and borrowed the money listed in [Attachment 1-4-8] from the Plaintiff without setting the due date and interest.

(hereinafter referred to as "individuals specified in attached Table 1") shall be the amount set forth in paragraphs 1 through 9.

The Plaintiff was transferred from Defendant C totaling KRW 5,00,000,000 on July 3, 2012, and KRW 5,000,000 on February 19, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the Defendants’ claim amounting to KRW 60,000,000

A. 1) The plaintiff's assertion 1) around 2006, the plaintiff's assertion 2006 was requested by the defendants to lend 65,000,000 won to the defendants by way of remitting 65,000 won as shown in the attached Table 1 to the defendant Eul. Since the defendant C was paid 5,00,000 won, the defendants are jointly and severally liable to pay the plaintiff 60,000,000 won and damages for delay.

B) The Defendants’ assertion Nos. 1 through 3 is the sum of KRW 30,000,000 (hereinafter “30 million on October 12, 2006”).

(2) Defendant C is not obligated to pay the above amount jointly with Defendant C, inasmuch as Defendant C borrowed 30,000,000 won in total from Defendant C as it borrowed 30,000,000 won from the Plaintiff for the purpose of the Plaintiff’s stock investment loan, which is the sum of the amounts set forth in subparagraphs 4 through 8, as the Plaintiff borrowed from the Plaintiff for the purpose of his own stock investment loan, and it did not have borrowed 30,000,000 won from the Plaintiff through Defendant B. 2) The judgment on the claim amounting to KRW 30,00,000 as of October 12, 206 is based on whether Defendant C borrowed 30,000,000 won from the Plaintiff to Defendant B.

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