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(영문) 수원지방법원 안양지원 2018.12.14 2017가단122206
대여금
Text

1. The amount calculated by Defendant B with 80,000,000 won and 15% per annum from June 20, 2018 to the date of full payment.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Grounds for recognition: Judgment based on the recommendation of confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

2. The Plaintiff’s claim against Defendant C: (a) as Defendant C also works together with Defendant C, the Plaintiff transferred money to Defendant C’s account; and (b) from March 25, 2010 to the same year.

7. Until 15.15., the defendant C transferred KRW 85 million to the account in the name of the defendant C and lent it to the defendants. The defendant C also asserts to the effect that the defendant C and the plaintiff are obliged to pay the remainder of KRW 80 million, excluding the amount of KRW 5 million deducted from the cost of opening the access road from the above money.

In relation to whether Defendant C borrowed the above money jointly with Defendant B, the following circumstances, namely, the following circumstances, which are acknowledged by comprehensively taking account of the purport of the entire argument in each statement in subparagraphs 1 and 2 of the evidence Nos. 1-1, i.e., that Defendant C did not borrow money from the Plaintiff, and even according to the Plaintiff’s assertion itself, the Plaintiff transferred the money to Defendant C’s account at the request of the Plaintiff. The Plaintiff received only a loan certificate from Defendant B on December 16, 2010, and received only the loan certificate or the receipt from Defendant B on July 20, 2015, and did not receive any loan certificate or the receipt from Defendant B. In light of the above, it is insufficient to conclude that the evidence submitted by the Plaintiff alone by the Plaintiff was jointly borrowed from the Plaintiff with Defendant B, and there is no other evidence to prove otherwise.

The plaintiff's above assertion is without merit.

3. If so, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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