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(영문) 울산지방법원 2017.04.19 2016가단14217
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 20,000,000 and the interest rate thereon from January 28, 2016 to the date of full payment.

Reasons

On August 20, 2014, the Plaintiff leased KRW 20 million to E, who prepared for the operation of “D’s singing practice” at Yangsan-si.

(E) The Plaintiff asserts that the Plaintiff borrowed the “30 million won” as “the remainder after receiving the refund of KRW 10 million among them,” and the key issue of this case also refers to “the amount of KRW 20 million,” “the amount of which has not been paid.” [A] 1 and 2] at the time of the lease. However, the Plaintiff asserted that the period of repayment was determined and lent as “the December 31, 2014,” but the witness F’s testimony alone is insufficient to recognize it (the mere fact that the period of repayment for the EF’s loan was “the end of December 2014” cannot be presumed to have been identical to that of the Plaintiff). However, there is no evidence to acknowledge it differently.

Around January 13, 2015, there is no violation between the two as to the fact that Defendant C took over the above musical instruments from E on or around January 13, 2015, and that Defendant C also took over the above loans to the Plaintiff.

However, as to whether Defendant B assumed the obligation to the Plaintiff as a partner of Defendant C, the horses are different between both sides.

The following shall be examined.

E, at the time of January 2015, at the time of the Plaintiff, was liable to pay KRW 20 million to F for each of the loans with KRW 30 million and KRW 30 million as a condition for the acceptance of the above loans, with the presentation of the acceptance of the above loans as well as the acceptance of the above loans, and with the acceptance of the acceptance of the assignee’s

Business registration of the singing room taken over was completed in the name of the defendant C.

Next, with respect to F’s repayment of F’s KRW 30 million, the fact that Defendant B transferred KRW 28.5 million to Defendant C, and Defendant C transferred KRW 1.5 million to Defendant C is also recognized by the Defendants.

(Defendant B is also deemed to have borne by Defendant B the costs of KRW 20 million, including the following charges: (a) the amount of KRW 20 million on January 15, 2015; (b) the amount of KRW 8.5 million on January 23, 2015; and (c) the amount of KRW 1.5 million on January 23, 2015; and (b) the amount of KRW 20 million on delayed payments, liquor payments, and various public charges, which have been revealed after singing acquisition.

Defendant B referred to as “the President” among the members of a singing room.

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