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(영문) 대구지방법원포항지원 2020.06.09 2020가단101636
대여금
Text

1. The Defendants jointly do so to the Plaintiff:

A. As to KRW 5,500,000 and KRW 1,900,00 among them, Defendant B shall have the effect on February 11, 2020.

Reasons

1. Case summary and judgment

(a) Each of the following facts shall be acknowledged either as a dispute between the parties, or as a whole by taking into account the overall purport of the arguments in the descriptions of Gap evidence 3 and 8:

1) Around August 2018, Defendant B borrowed KRW 50,000,00 from the Plaintiff with the real estate purchase fund of Defendant C, his wife, from the Plaintiff. Since then on December 28, 2019, the Plaintiff and the Defendants confirmed that there existed KRW 34,00,000 out of the borrowed principal up until then, as a result of the settlement of the above loan transaction relationship between the Plaintiff and the Defendants, and agreed that the Defendants jointly pay the Plaintiff KRW 34,80,000,000 each time from December 28, 2019 to April 28, 202 (hereinafter “instant agreement”).

(2) After the agreement of this case, the Plaintiff and Defendant B agreed to increase the monthly installment payment to KRW 1,500,000 as seen earlier.

(Plaintiffs asserted that the above increase agreement was made with Defendant C, but there is no evidence to acknowledge it). (B)

According to the above facts of recognition, the defendants are jointly obligated to pay to the plaintiff installment payments and damages for delay pursuant to the agreement of this case.

[Plaintiff’s use of 30,00,000 won as a loan from a savings bank was agreed upon by the Defendants by promising the Plaintiff to repay the principal and interest of the savings bank in lieu of the first repayment of the loan amount. However, the Defendants asserted that the Defendants paid the above savings bank’s direct repayment of the principal and interest to 34,00,000 won for the remainder of the first loan amount (i.e., 1,454,478 won for the expenses incurred (i., 50,000 won) (i., 34,954,478 won for the aforementioned installment payment) and damages for delay to 34,00,000 won for the remainder of the principal and interest of the first loan amount. However, in light of the aforementioned factual basis, the Defendants asserted against the Plaintiff.

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