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(영문) 서울남부지방법원 2018.07.12 2017가단23404
대여금반환
Text

1. The Defendants jointly share KRW 40,500,000 with respect to the Plaintiff and the period from January 25, 2018 to July 12, 2018.

Reasons

Comprehensively taking account of the overall purport of the pleadings as to Gap evidence No. 3, the Defendants prepared a certificate of KRW 40,500,000 on February 9, 2015, and subsequently prepared and executed a certificate of KRW 100,000 on the ground that there may exist increase or decrease in the amount when the settlement is made in the future.

Therefore, insofar as there is no assertion or proof as to the settlement of accounts between the Plaintiff and the Defendants, at least the Defendants approved the Plaintiff’s obligation to pay KRW 40,500,000. Thus, the Defendants jointly have the obligation to pay jointly to the Plaintiff KRW 40,500,000, and to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from January 25, 2018 to July 12, 2018, which is obviously the day following the delivery date of the complaint of this case, stating the Plaintiff’s intent to demand performance.

In addition to the above settlement amount, the Plaintiff filed a claim for payment of KRW 57,925,00,00, which appears to be the aggregate of interest on the above settlement amount and the accounts paid by the Plaintiff (the above amount is stated as the claim amount of this case, but only the Plaintiff’s claim is stated as to the issuance of a loan certificate of KRW 100,00,000 and the Defendants’ non-payment). The Plaintiff’s claim for the portion exceeding the above amount is without merit, on the grounds that there is no specific assertion and proof as to the existence of interest agreement on the loan between the Plaintiff and the Defendants, the amount of the accounts paid by the Plaintiff.

Therefore, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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