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(영문) 서울북부지방법원 2018.08.23 2017가합23404
대여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. Plaintiff A lent total of KRW 801,896,50 to the Defendants. The Defendants paid only KRW 599,079,00 among them. On the other hand, Plaintiff A provided the above loan by means of financing from land owners, loan companies, etc., and used KRW 104,116,567 in order to repay interest, etc. Accordingly, Defendants jointly and severally provided the loan amount of KRW 306,934,067 to Plaintiff A [the remaining amount of KRW 202,817,500 [the amount of KRW 801,896,500 [the amount of KRW 809,00] - KRW 599,079,000 [the amount of KRW 104,116,567] and delay damages from the loan amount of KRW 471,460,000], and Plaintiff B was jointly and severally liable to pay the above amount of KRW 208,008,200.

3) Defendant C emphasized that Defendant C, the spouse, is jointly responsible for the repayment of the above loan, and that the Defendants believe that Defendant C was all the parties to a monetary loan contract on behalf of Defendant C, and thus Defendant D should be held liable as an expression agent pursuant to Article 126 of the Civil Act, and Defendant D also expressed an implied intent to hold the Plaintiffs legally liable. Furthermore, this ought to be deemed as ratified as an unauthorized Representation. (B) Defendants 1 paid by the Plaintiffs to Defendant C (hereinafter “instant payment”) to Defendant C is an investment in E, and Defendant C is merely a sender of the investment money and the proceeds.

In other words, Defendant C did not borrow money from the Plaintiffs, and thus, Defendant C cannot accept the Plaintiffs’ claim.

2. Defendant D did not know the fact that the plaintiffs paid the money to Defendant C, and did not take part in it.

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