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Reasons
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(영문) 서울서부지방법원 2017.09.08 2017가단204011
대여금
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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 20 million and the annual period from January 1, 2014 to February 15, 2017.

Reasons

1. According to the evidence Nos. 1, 3, 4, and 7-1 and 2, the Plaintiff loaned KRW 200 million to the Defendants on May 31, 2013; Defendant B repaid KRW 60 million to the Plaintiff via the Nonparty D’s account on June 20, 2013; the Plaintiff lent KRW 44 million to the Defendant B on August 5, 2013; and on the same day, the Defendants prepared a certificate of borrowing KRW 100 million to the Plaintiff by November 30, 2013; and until December 31, 2012.

According to the above facts of recognition, the Defendants are jointly and severally obligated to pay 20 million won to the Plaintiff with 5% interest per annum from January 1, 2014 to February 15, 2017, and 15% interest per annum from the next day to the date of full payment.

2. Judgment on the defendants' assertion

A. The Defendants asserted that, on August 5, 2013, the Plaintiff prepared a loan certificate of 200 million won, but did not receive the loan actually, and rather, the said KRW 200 million was paid to the Plaintiff the total amount of KRW 164,44 million, which Defendant B lent to the Plaintiff from June 2, 2012 to December 12.

B. Defendant B had a discount of KRW 179,520,00 at a face value issued by Salim Industry Co., Ltd.; however, Defendant B issued a promissory note notarial deed of the same amount to D on May 3, 2012, when the Palim industry had defaulted.

In addition, Defendant B provided the Plaintiff with the actual discount payment on the same day on May 31, 2012, with the said money worth KRW 30 million;

6. 30.6 million won;

7.31.6,62 million won;

8. 31. 2,320,000 won each of them paid to the Plaintiff.

From June 1, 2012 to December 21, 2012, Defendant B remitted a total of KRW 164 million to the Plaintiff or D’s account over ten times.

On March 12, 2013, Defendant B borrowed 24 million won from the Plaintiff on June 15, 2013.

㉣ 피고들은 2013. 5. 31. 원고로부터 2억원을 수표로 지급받은 후, 같은 날 원고에게 액면 금 3,100만원의...

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