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(영문) 광주지방법원목포지원 2019.05.22 2018가단55389
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 49,736,849 and the interest rate of KRW 15% per annum from December 28, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(However, we do not accept the claim against Defendant C as follows). (B)

Article 208(3)3 of the Civil Procedure Act

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion that Defendant C took over the Defendant’s debt owed to the Plaintiff is jointly and severally liable with Defendant B to pay the Plaintiff KRW 49,736,849 and delay damages.

B. According to the overall purport of the statement and argument by Gap evidence No. 3, it is acknowledged that the sum of KRW 5,815,750 deposited in the plaintiff's account in the name of defendant C five times from October 12, 2017 to March 12, 2018.

However, the above facts and the statements in Gap evidence Nos. 9 and 10 alone are insufficient to recognize that defendant C has acquired the defendant C's debt owed to the plaintiff, and there is no other evidence to acknowledge it.

(A) According to the statement of evidence No. 8, the Plaintiff’s claim against the Defendant C is without merit. The Plaintiff’s claim against the Defendant is without merit. The Plaintiff’s claim against the Defendant C is without merit. The Plaintiff’s claim is without merit.

3. In conclusion, 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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