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(영문) 울산지방법원 2014.01.08 2012가합3469
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 33,00,000 and Defendant C with respect thereto from August 10, 2012, and Defendant B.

Reasons

1. The parties' assertion

A. The plaintiff asserted that on August 25, 2006, the plaintiff lent KRW 100,000 to the defendant B for a period of four months after the above date. On September 17, 2007, the plaintiff lent KRW 70,000,00 to the defendants, but the defendants did not pay the above money with a reasonable period of time. Thus, the defendants are obligated to pay the money stated in the plaintiff's claim.

B. Defendant B received KRW 100,000,00 from the Plaintiff on August 25, 2006, as alleged by the Plaintiff. However, this is because Defendant B received and delivered the said money to Nonparty D as the Plaintiff loaned to Nonparty D, Defendant B did not have a duty to pay the said money to the Plaintiff. (2) The Defendants borrowed KRW 70,000,000 from the Plaintiff on September 17, 2007, but the Defendants repaid most of the said money.

2. Determination

A. The Plaintiff remitted KRW 100,000,000 on August 25, 2006 to Defendant B on September 19, 2006 does not dispute between the Plaintiff and Defendant B, but the above facts alone are insufficient to recognize that the Plaintiff lent the above KRW 100,00,000 to Defendant B, and there is no other evidence to support this. Thus, the Plaintiff’s claim for this part is without merit.

B. On September 17, 2007, the Plaintiff loaned KRW 70,000,00 to the Defendants on September 17, 2007, and barring any dispute between the Plaintiff and the Defendants, the Defendants are obligated to pay to the Plaintiff KRW 70,00,000 and delay damages. 2) The Defendants, barring any special circumstance, borrowed KRW 88,00,000 from the Plaintiff on January 30, 208, further borrowed KRW 126,00,000 from the Plaintiff to pay the above borrowed KRW 32,00,00,000 in total, and the Plaintiff asserted that the Plaintiff paid KRW 50,00,000 on November 15, 2006, KRW 30,000 in total, KRW 30,000,000, KRW 300,000, KRW 300,000, KRW 36,130,007;

3 above 70,000.

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