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(영문) 춘천지방법원 2015.05.26 2014가단7240
대여금
Text

1. Defendant B shall be 47,00,000 won for the Plaintiff, and Defendant C shall be jointly and severally with Defendant B to KRW 27,000,000 for the said money and each of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff, from around 2006, lent money to Defendant B, received a loan certificate from Defendant B, and as a joint and several surety for part of Defendant C, the details of the loan certificate drawn up by Defendant B from August 2, 2008 to January 29, 2011 are as follows.

The amount of KRW 5 million on August 2, 2008, which is the name of the date of borrowing, Defendant B (user) of KRW 6 million on October 27, 2008, Defendant C (sureties) of KRW 15 million on October 26, 2009, Defendant B of KRW 6 million on February 6, 2010, Defendant C of KRW 5 million on May 18, 2010, Defendant B (user) of KRW 5 million on May 18, 201, Defendant C (sureties) of KRW 47 million on January 29, 201, and Defendant C (sureties) of KRW 47 million on the aggregate.

B. Meanwhile, from March 27, 2007 to January 31, 2011, the details of money deposited from the Plaintiff’s account under the name of the Defendants, etc. to the Defendants, etc. are as follows.

B D C C

C. In addition, from July 10, 2008 to August 26, 201, the details of money transferred from the Defendants, etc.’ account to the Plaintiff’s account in the name of the Plaintiff are as follows.

C CD B B B B B [based of recognition] without dispute, each entry in Gap's Evidence Nos. 1 through 6, 11, and 12 (including each number, hereinafter the same shall apply), and the purport of the whole pleadings.

2. The assertion and judgment

A. The court shall recognize the existence and content of the declaration of intent in accordance with the content of the document, unless there is any clear and acceptable counter-proof that denies the content of the document, such as the existence of an explicit or implied agreement different from the content of the document, so long as the document to determine the cause of the claim is recognized as having been authentic (see, e.g., Supreme Court Decision 2002Da23482, Jun. 28, 2002). The facts that the Defendants borrowed the amount to the Plaintiff.

1.(a)

The term "amount" as stated in the table of subsection (1) means the fact that the certificate of borrowed money, which is a disposal document stated in the amount, was prepared and issued, and the amount that can be verified as financial data for the lending is recognized as above.

1.(b)

It is nothing more than KRW 14.7 million, which is the aggregate of the votes of the port.

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