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(영문) 인천지방법원 2016.11.24 2016가단33430
대여금
Text

1. Defendant (Appointed Party) and Appointed C jointly and severally with Plaintiff (Appointed Party), Appointed Party D, E, and F, respectively. 2,500,000 won.

Reasons

In full view of the evidence Nos. 1-2 through 4-2, and the fact-finding results of this court against the national bank, the defendant (appointed party) may recognize the fact that he/she jointly and severally guaranteed the above obligation of the designated party C, and the defendant (appointed party) transferred the money to the plaintiff (appointed party), the appointed party D, E, and F, the deceased G, the predecessor of the deceased party, and the 10 million won to the designated party C on April 8, 2015.

The defendant (Appointed Party) acknowledged the authenticity of the Gap evidence No. 1-2 loan certificate, but asserts that it cannot be admitted as evidence as it was made by coercion.

However, there is no proof against the defendant (appointed party)'s assertion.

Defendant (Appointed Party) asserts that the above 10 million won was paid in return for examining the elderly net G, disabled F, and the disabled Party F, and that it was not borrowed.

This assertion is denied the above facts of recognition, but it is insufficient to reverse the above facts of fact-finding only with the statement No. 1 (H statement). There is no other counter-proof of the defendant.

Thus, Defendant (Appointed Party) and Selected Party C are jointly and severally liable to pay each of the damages for delay at the rate of 15% per annum as stipulated in the Civil Act from April 9, 2015 to August 1, 2016, the delivery date of a copy of the complaint of this case from April 1, 2015, which is 2.5 million won per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

It is so decided as per Disposition by accepting the claim of the Plaintiff (Appointed Party).

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