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(영문) 전주지방법원 2018.09.20 2017가합598
대여금 반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 250,000,000 and KRW 250,000,000 among the said money, from February 21, 2017 to 40.

Reasons

1. The assertion and judgment

A. The main point of the Plaintiff’s assertion is the couple’s death, and the Plaintiff and the undergraduate type became known.

The Defendants sought the Plaintiff and borrowed money from the Plaintiff, at all times, asked the Plaintiff to lend money, and the receipt account used by the Plaintiff at the time of deposit constitutes the account jointly requested by the Defendants. As such, the Plaintiff lent money to the Defendants.

However, the amount remaining after the Defendants repaid out of the loans (440 million won) lent by the Plaintiff to the Defendants is 290 million won at present. The Defendants are jointly and severally liable to pay the Plaintiff the above 290 million won with the repayment of the loan and the delay damages therefor.

B. Determination 1) The Plaintiff is recognized as having lent money to the Defendants with the following contents. The amount of money for the payment of the No. 250 million won on December 15, 2006 (Evidence A7) D Defendant C’s name (EF) 3,50 million won on July 19, 207 (Evidence A 2-1, 1-2, 1-2) B (E Union G), KRW 150 million on (Evidence 2-2, 6, 1-2, 1-2, 2000 won on July 207, 207, KRW 200,000 (Evidence B-1, 400 won on July 2, 2007), KRW 1,50,000 (No. 2,500 won on July 3, 200, KRW 280,000 on July 20, 207).

hereinafter the same shall apply.

(2) According to the above facts and the purport of the entire pleadings, barring any special circumstance, the Defendants are jointly and severally liable to the Plaintiff for the remainder 290 million won, which remains after deducting the amount of the Plaintiff paid out of the above loans.

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