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1. The Defendants are jointly and severally liable to pay KRW 100 million and the amount from October 1, 2015 to December 12, 2018.
Reasons
1. On February 24, 2011, the Plaintiff borrowed KRW 100 million to the Defendants, a married couple, and paid KRW 100 million to the Defendants by August 30, 201.”
Defendant B, on January 17, 2015, paid to the Plaintiff in installments at KRW 50 million up to February 27, 2015, and KRW 20 million each month from April 30, 2015, respectively, from KRW 10 million up to KRW 20 million.” The loan certificate of this case below is “the loan certificate of this case.”
(B) re-written the proceedings. [The facts that there is no dispute over the basis of recognition, the entries in Gap 1 and 6, and the purport of the whole pleadings.]
2. Determination:
A. The Plaintiff’s assertion is primarily asserted by the Plaintiff that, even if the Defendants borrowed 100 million won from the Plaintiff due to a large amount of other debts, they acquired the said money by deceiving the Plaintiff even though they did not have any intent or ability to repay it, and claim damages for delay after the date of the damage compensation of KRW 100 million and the date of the final fraud, and as a preliminary claim for the return of KRW 100 million
(However, it is only claimed as the primary cause of the claim, but does not separately claim the preliminary claim.
It is insufficient to recognize that the Defendants, by deceiving the Plaintiff and deceiving the said KRW 100 million solely on the basis of each statement of evidence No. 1 and No. 6 regarding the claim for damages (main cause of claim). There is no other evidence to acknowledge this. Therefore, the Plaintiff’s claim for damages premised on this is without merit
C. The Plaintiff loaned KRW 100 million to the Defendants as seen earlier prior to the determination of the claim for the loan, and the Plaintiff finally agreed on the period of repayment, etc. by preparing the instant loan certificate. Accordingly, the Defendants jointly and severally agreed on the Plaintiff from October 1, 2015 to December 12, 2018, the date of this decision, which is appropriate to dispute the existence or scope of the Defendants’ obligations, as the Plaintiff seeks from October 1, 2015 to December 12, 2018.