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(영문) 대전지방법원 2017.07.27 2016가단38501
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from February 16, 2013 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff sold 1/2 shares, etc. among D & 583 square meters in official city, to Defendant B, but did not receive KRW 150 million out of the purchase price. (2) On November 15, 2012, the Defendants: (a) on November 15, 2012, prepared a loan certificate stating that “The Defendant B, in substitution for the unpaid purchase price, shall pay the Plaintiff a loan amount of KRW 150 million on a yearly basis; and (b) the overdue interest shall pay the loan amount of KRW 30 million on a yearly basis; and (c) the Defendant C shall also pay the loan amount jointly and severally with Defendant B.”

3) The Defendants did not pay KRW 50 million out of the above borrowed money. [The facts that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 and 2, and the purport of the entire pleadings.]

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 50 million and the damages for delay calculated at the rate of 30% per annum from February 16, 2013 to the date of full payment, which is the day following the due date.

2. Defendant B’s defense that the Plaintiff requested to pay KRW 50 million out of the borrowed amount to a third party, and accordingly, Defendant B’s defense that all of the borrowed amount had ceased to exist due to repayment by paying KRW 50 million to the third party designated by the Plaintiff. However, the evidence Nos. 1 and 4 cannot be used as evidence because there is no other evidence to acknowledge the establishment of the authenticity. Thus, Defendant B’s defense is without merit, since there is no other evidence to acknowledge the above assertion.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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