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Reasons
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(영문) 울산지방법원 2015.10.28 2014나8103
대여금
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1. Of the judgment of the court of first instance, the part against the Defendants corresponding to the money ordered to be paid below.

Reasons

1. Determination on the loan claim dated August 2, 2007

A. On August 2, 2007, the defendants borrowed KRW 20,000,00 from the plaintiff at the interest rate of KRW 20,000 from the plaintiff on August 2, 2007 and issued a certificate of borrowing that the defendant C will jointly and severally guarantee the above loan obligation. Thus, it is reasonable to view that the plaintiff lent KRW 20,00,000 to the defendant under the joint and several surety of the defendant C on August 2, 2007 under the joint and several surety of the defendant C as to August 2, 2007.

Therefore, barring special circumstances, the Defendants are jointly and severally liable to pay the above KRW 20,000,000 to the Plaintiff.

B. The Defendants’ assertion as to the Defendants’ assertion (1) asserts that the Plaintiff’s loan claim against Defendant B was extinguished by offsetting the amount of KRW 6,400,000 out of the limit amount of KRW 10,000,000, which shall be paid on June 10, 2008 to Defendant B as the fraternity owner, and KRW 6,400,000 out of the limit amount of KRW 10,400,000, which shall be paid on October 13, 2008, and KRW 10,700,000, which shall be paid on January 9, 2009, as the intention of offsetting the above loan claim. As such, the Plaintiff’s loan claim against Defendant B was set off against the Plaintiff’s credit amount on an equal basis with that of Defendant B.

The statement of No. 1 to 3-13 of the evidence No. 1-1 to No. 13 is insufficient to acknowledge the fact that the plaintiff did not pay the money to the defendant B with the intent to offset the loan claims against the defendant B, and there is no other evidence to acknowledge it.

Therefore, the above assertion by the defendants is without merit.

(2) In addition, between November 2007 and January 14, 2014, the Defendants paid to the Plaintiff the amount of KRW 32,100,000, and the amount paid by the Defendants to the Plaintiff.

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