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(영문) 서울중앙지방법원 2016.06.15 2015가단5299398
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from October 25, 2015 to the date of full payment.

Reasons

1. According to the purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 6 as to the claim against defendant C and the purport of the whole pleadings, the plaintiff is obligated to pay to defendant C a total of KRW 40,000,000,000 on June 27, 2013, and KRW 30,000,000 on August 7, 2013 (hereinafter the above loan "the above loan"). According to the above facts of recognition, the defendant C is obligated to pay to the plaintiff a total of KRW 40,00,000 on the loan of this case, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 25, 2015 to the date of complete payment.

2. The plaintiff asserts that the defendants are married couple, and the defendant C used money as above in terms of their living expenses. Thus, the defendant B is jointly and severally liable with the defendant C to return the loan of this case.

In light of the above evidence, although the loan of this case was acknowledged to have been deposited in the account held in Defendant B, it is insufficient to view that the above loan of this case is an act concerning the daily premium, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, the plaintiff's claim against C is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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