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(영문) 부산지방법원 2016.05.13 2015나43568
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 57,732,875 and KRW 50,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 57,732,875.

Reasons

1. The plaintiff's assertion

A. On December 29, 201, the Defendant and C, the representative director of the Defendant, borrowed KRW 50,000 jointly and severally from the Plaintiff’s husband D on December 29, 201. Since D died on May 17, 2014, and thereafter D agreed that D’s heir inherited the said loan claim, the Defendant is jointly and severally liable for the repayment of the said loan to C and the Plaintiff.

B. Since C, the obligor of the conjunctive claim, is insolvent and the amount of KRW 1 billion against the Defendant, the Plaintiff, as the obligee of C, sought payment of the amount equivalent to the above loan from the Defendant in subrogation of C.

2. Judgment as to the main claim

(a) evidence Nos. 1, 7 (including serial numbers; hereinafter the same shall apply) as to whether a loan of KRW 50,000,000 is made;

According to each description, witness C’s testimony and the whole purport of the oral argument of the court of the trial on December 29, 201, D remitted KRW 50,000 to the account under the name of the representative director C of the defendant on December 29, 201, C deposited KRW 83,600,000 including the money into the defendant’s account on the next day, D’s deposit of KRW 50,000 in the defendant’s account. The certificate of borrowing was prepared under the name of the defendant on the date when D remitted KRW 50,000 to C, and the certificate of borrowing KRW 50,000 was stated as KRW 1.5% monthly interest rate and KRW 50,000 on the due date on May 29, 2012, since it was difficult to recognize the fact that D borrowed 10,000 won was due to the fact that D borrowed notarial deed (No. 923, 200,500).

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