logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.06.09 2019가단20746
대여금반환
Text

1. The plaintiff's respective claims against the defendants are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff, the cause of the Plaintiff, while lending KRW 64,814,500 to D in total, remitted KRW 23,190,00 among the above money to Defendant B’s mother’s account, and KRW 8,454,50 to Defendant C’s father’s account. The Defendants are jointly and severally liable with D for the amount transferred to the Defendants’ account out of D’s borrowed money.

Therefore, Defendant B is jointly and severally liable to pay 23,190,000 won to the Plaintiff, and Defendant C is jointly and severally liable with D to pay 8,454,500 won and damages for delay on each of the above amounts.

2. According to the evidence evidence Nos. 2-3 and 2-4, the Plaintiff remitted the amount of KRW 10,00,500 to Defendant B’s account, KRW 10,000,00 on March 9, 2018, and KRW 10,000,50 on March 10, 2018, and KRW 3,190,50 on March 11, 2018, and remitted the amount of KRW 8,454,50 to Defendant C’s account on September 7, 2018. However, the Defendants are deemed to have received money from the Defendants’ account, and there is insufficient reason to acknowledge that the Defendants received money from the Defendants’ account and did not receive money from the Defendants with the intent of joint and several sureties. Accordingly, the above facts and the evidence submitted by the Plaintiff alone are insufficient to recognize that the Defendants used the above joint and several sureties obligation to return the amount borrowed.

Therefore, the plaintiff's assertion is not accepted.

3. Conclusion, the Plaintiff’s respective claims against the Defendants are dismissed as it is without merit. It is so decided as per Disposition.

arrow