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(영문) 서울중앙지방법원 2017.05.19 2016나60760
대여금
Text

1. The plaintiff's appeal and its extended and added claims are all dismissed.

2. After an appeal is filed.

Reasons

1. In the first instance trial, the Plaintiff sought a loan from the Defendant and C as a co-defendant. The first instance court partially accepted the claim against C and dismissed the claim against the Defendant.

Therefore, the plaintiff appealed only against the defendant, and the scope of the trial of the party shall be limited to the plaintiff's claim against the defendant.

2. On December 22, 2011, the Plaintiff transferred KRW 49,000,000 (hereinafter “instant loan”) to the Defendant’s deposit account (KEB, but D, hereinafter “instant account”) upon request for a loan from the Plaintiff.

C From February 22, 2012 to December 21, 2014, the Plaintiff repaid the total amount of KRW 27,210,000 to the Plaintiff using the deposit account and the instant account.

C On December 13, 2014, upon preparing and delivering to the Plaintiff a loan certificate stating that “The principal is KRW 48 million, the due date: Interest (150), and (120) on April 20, 2015, and the said money is the money borrowed on December 22, 2011,” (hereinafter “the instant loan certificate”) to the effect that “I confirm that I are the money borrowed on April 20, 201,” and written the name of the Defendant in addition to the name of the principal and the signature of the principal in the debtor column of the said loan certificate.

On December 26, 2003, the defendant had a mixed consultation with C on December 26, 2003, and the occupant card kept in the Seocho-gu Seoul Metropolitan Government International Apartment Management Office is stated that C is the spouse of the defendant in the occupant column of 102 Dong 1001, the above apartment owned by the defendant.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 2 and Eul evidence Nos. 1, 2 and 2, and fact-finding to the head of the management office of the I Apartment of the party,

3. Summary of the plaintiff's assertion

A. The Defendant, upon receiving the loan from the Plaintiff to the instant account, used it as the Defendant’s insurance premium, loan interest, educational expenses for children, card payment, etc., and the Plaintiff prepared and delivered the instant loan certificate to the Plaintiff along with C, the Defendant is a joint borrower of the said loan.

The above loans shall be extended on 2014.

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