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(영문) 부산지방법원동부지원 2016.09.28 2016가단200004
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 60,000,000 and the amount shall be from November 10, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff and the defendant C are Emba and Emba, and the defendant B is the spouse of the above C.

B. On October 24, 1997, a loan certificate was prepared between the Plaintiff and the Defendants that “the Defendant borrowed KRW 20,000,000 from the Plaintiff.”

C. From July 24, 2000 to November 9, 2015, the Defendants remitted total of KRW 72,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence No. 1, the result of the personal examination of defendant C, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff lent KRW 40,000,000 to the defendants around 1995, and KRW 20,000,000 to around 197. The defendants only paid interest on the above loan but did not pay the principal. Thus, the plaintiff sought payment of KRW 60,00,000 to the defendants.

The money paid by the Defendants from July 24, 200 to November 9, 2015 is the interest source on the above loans as follows:

The Plaintiff also lent the sum of KRW 271,00,000 to Defendant C’s words, and received interest from the bank account in the above bank account after obtaining the passbook in his name from D. From July 24, 2000 to December 13, 2002, the above intermediary transferred its interest on its borrowed money to the above bank account.

The Plaintiff continued to lower the interest rate on loans to the Defendants as the bank interest rate lowers. Accordingly, from June 2003 to February 2003, the Defendants paid interest of KRW 610,000 per month, and from February 2004 to February 480,00 per month.

B. The Defendant’s assertion that the Defendants borrowed KRW 20 million from the Plaintiff around 1997, but there was no agreement between the Plaintiff and the Plaintiff on the interest of the said loan.

The defendants have consistently paid money to the plaintiff in their own name in consideration of the plaintiff's living and earth and the relationship with the plaintiff.

3. Determination

(a) Recognizing the fact of lending; and

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