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(영문) 서울북부지방법원 2014.11.19 2014가단16262
손해배상등
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, respectively, shall be KRW 35 million out of the total amount of KRW 80 million.

Reasons

The Plaintiff lent KRW 50 million to Defendant B on December 20, 2012. On April 25, 2013, the Plaintiff agreed with the Plaintiff to repay the above loan together with the Defendant B. The Plaintiff loaned additional KRW 45 million to Defendant B on June 13, 2013. Thereafter, Defendant B paid KRW 15 million with the total of KRW 5 million on June 15, 2013 and appropriated for the repayment of the loan as of December 20, 2012, without dispute between the parties, or with the entire purport of oral argument as to the amount of KRW 80 million (5 million), KRW 45 million (5 million), KRW 5 million for each of the above disputes over the amount of KRW 15 million, KRW 5 million (5 million), and KRW 5 million for each of the above disputes over the amount of KRW 15 million, KRW 500,500,000, KRW 2500,000).

On June 13, 2013, the Plaintiff loaned KRW 45 million to the Defendants on June 13, 2013 in order to cancel the registration of establishment of a neighboring real estate owned by Defendant C, and the Defendant C is also liable for the repayment of the above loan. However, in light of the fact that only Defendant B was prepared with a loan certificate, the evidence submitted by the Plaintiff alone is insufficient to recognize the above assertion, and there is no

The Defendants asserted that they paid KRW 30 million to D, the actual creditor of the above loan, but there is no evidence to prove the repayment in addition to the above KRW 15 million.

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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