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(영문) 서울중앙지방법원 2019.09.19 2018가합589650
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 236,174,654 and the interest rate thereon from December 7, 2017 to the date of full payment.

Reasons

If the authenticity of a written determination as to the cause of a claim is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the written determination, unless there is any clear and acceptable counter-proof that the content of the written determination can be denied.

(2) The Plaintiff and the Defendants jointly and severally agreed to pay to the Plaintiff the total amount of the loan amount of KRW 243,815,500 and interest rate of KRW 15% per annum on August 31, 2018, according to the purport of the Plaintiff’s statement and the entire pleadings as indicated in the Plaintiff’s evidence No. 1 (see, e.g., Supreme Court Decision 2008Da33504, Sept. 11, 2008).

On the other hand, Defendant C alleged that the subject of lending money to the Defendants was D, not the Plaintiff, but there is no evidence to deem that D, not the Plaintiff, lent money to the Defendants, unlike the loan certificate.

Therefore, barring special circumstances, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 243,815,500 as well as interest at the rate of 15% per annum from the respective borrowing date.

Defendant C’s assertion of the Defendant C’s defense of performance of the Defendants’ defense to the extent that Defendant C paid the Plaintiff the sum of KRW 10,000,000, the said amount should be deemed to have been appropriated.

Judgment

According to the evidence Nos. 1-1, 1-2, Defendant C paid each of the Plaintiff KRW 5,00,000,000 on November 29, 2017, and KRW 5,000,00 on December 6, 2017, as stated in the evidence Nos. 1-1, 1-2, the amount should be appropriated for the instant loan.

Therefore, in light of the contents of satisfaction of obligation, insofar as there is no evidence to deem that there was an agreement or designation on the satisfaction of obligation between the Plaintiff and the Defendant C, the above amount shall be deemed to have been appropriated in the order of the loan in accordance with Articles 477 and 479 of the Civil Act, and therefore, the above amount shall be deemed to have been repaid by Defendant

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