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(영문) 인천지방법원부천지원 2019.05.24 2018가단11277
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 77,00,000 and the interest rate of KRW 15% per annum from December 8, 2018 to the date of full payment.

Reasons

1. Claim against the defendant B

(a) Claim for loans totaling KRW 77,000,000,000 from July 28, 2016 to October 10, 2017.

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

2. The Plaintiff filed a claim against Defendant C with respect to the lack of funds to purchase Defendant B’s housing, and borrowed KRW 77,000,000 from July 28, 2016 to October 10, 2017, totaling KRW 77,00,000 from the Plaintiff to Defendant C’s account. Since it is a legal act related to daily home affairs, Defendant C is jointly and severally obligated to pay the borrowed amount to the Plaintiff.

However, the evidence presented and invoked by the Plaintiff alone is difficult to recognize that Defendant B borrowed money from the Plaintiff as a matter of daily home affairs with Defendant C, and therefore, the Plaintiff’s above assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case against the defendant B is reasonable, and the claim of this case against the defendant C is without merit.

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