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(영문) 인천지방법원 2016.10.21 2016가단15388
대여금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 29.5 million and the Defendants C from July 12, 2014 to April 11, 2016.

Reasons

Upon examining the purport of Gap's evidence Nos. 1 through 5, the following facts are revealed: ① the Plaintiff loaned KRW 3.5 million to Defendant B around April 10, 2014; KRW 20 million on April 14, 2014; and KRW 28,000,000 on April 15, 15 of the same month; ② Defendant B around that time lent the loan principal and interest to the Plaintiff; ② The amount of KRW 30,000,000 to the Plaintiff for the payment of the principal and interest of the loan; D, issue date, January 28, 2014; and June 27, 2014; ③ Defendant C, the spouse of Defendant B, upon refusing to pay the said promissorysory note, was jointly and severally liable to the Plaintiff on July 1, 2014; and ④ Defendant C was jointly and severally liable to pay the loan amount of KRW 305,500,000 to the Plaintiff on July 1, 2014.

The Defendants asserted that the total amount of the borrowed amount is KRW 24.5 million, but this cannot be accepted in light of the statement in the evidence No. 3 and No. 4. Furthermore, the Defendants asserted that the borrowed amount is borrowed from the above borrowed amount for the purpose of gambling and that there is no obligation to return it. However, there is no evidence supporting this.

As above, the Defendants’ assertion cannot be accepted. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 29.5 million and the amount therefrom from July 12, 2014 to April 11, 2016, when a duplicate of the complaint was served on Defendant C; in the case of Defendant B, 5% per annum under the Civil Act until September 28, 2016, when a duplicate of the complaint was served on the Plaintiff; and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. Thus, the Plaintiff’s claim of this case is wholly accepted.

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