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(영문) 춘천지방법원강릉지원 2014.10.16 2014가합607
대여금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 195,160,810, and 5% per annum from September 12, 2013 to April 8, 2014.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are South Korea, and Defendant C is the husband of Defendant B, and the mother of the Plaintiff and Defendant B are dementia patients who have been treated as Alz-type dementia from March 8, 2010.

B. On January 17, 2012, the Defendants, along with D, obtained a loan of KRW 194 million from the new bank in the name of D (hereinafter “instant loan”) as security for a term deposit against the new bank in the name of D (hereinafter “instant term deposit”) from the new bank, and Defendant B received the instant loan.

C. D. The Defendants were unable to repay the instant loans to the new bank. Around September 12, 2013, the new bank set off the instant term deposit claims against the instant loan principal and interest claim 195,160,810 won and D’s new bank on an equal basis.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 5, purport of whole pleadings

2. The parties' assertion

A. The term deposit in the name of D, which the new bank asserted by the Plaintiff, offsets the loan claim of this case, is substantially paid by the Plaintiff in the name of D.

However, the Defendants, using the fact that D had dementia symptoms from around 2009, received D loans in the name of the new bank as above, and thereafter, on January 19, 2012, the Defendants agreed to jointly and severally pay the Plaintiff the interest equivalent to KRW 194 million and KRW 900,000 per month on January 19, 2014 (hereinafter “instant loan”). As such, the Defendants are obliged to repay the instant loan to the Plaintiff.

B. The Defendants asserted that they borrowed the amount of the instant loan from D, and did not borrow money equivalent to the same amount from the Plaintiff.

3. Determination

(a) Nos. 1 to 10, 15, 11-1 to 5, 12, and 13-1, respectively, of the facts of recognition Nos. 1, 2, and 14;

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