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(영문) 인천지방법원 2014.12.18 2013가합21204
손해배상 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are married, and the Defendant completed the marriage report on April 25, 2007 with D and D on March 14, 2014, and the Plaintiff and the Defendant are the establishment of a high school.

B. From July 2008 to April 2010, Plaintiff A loaned KRW 30,000,000, and around April 20, 2010, Plaintiff A borrowed KRW 30,000 from Plaintiff A with interest rate of KRW 1.5% on April 20, 2010, and on April 12, 2012 as of the due date, Plaintiff A borrowed KRW 30,000,000 from Plaintiff A with interest rate of KRW 1.5% on April 20, 2010, and issued a notarial deed of money consumption loan to the effect that “if the said borrowed amount is not performed, it shall be recognized that there is no objection even if compulsory execution is performed immediately.”

C. On September 2012, Plaintiff B lent KRW 100,000,000, and around November 5, 2012, Plaintiff B obtained a notarial deed of monetary loan for consumption from D, stating that “D borrowed KRW 100,000,000 from Plaintiff B on November 5, 2012 (the 25th day of the payment date of interest) and the due date for payment on November 6, 2014, as the interest rate of KRW 10,00,000,00 from Plaintiff B, and that “When the repayment of the above loan is not carried out, it shall be recognized that there is no objection even if compulsory execution is carried out immediately.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 11, the purport of the whole pleadings

2. As to the cause of claim

A. The gist of the plaintiffs' assertion is that although the defendant conspireds with D and did not have the intent and ability to repay the money even if he borrowed the money from D, the defendant deceivings the plaintiffs, and acquired a total of KRW 130,00,000,00, and the debtor's name on each of the above money loan notarial deeds is D. However, the facts asserted that the plaintiffs lent the above money to the defendant and D as joint borrowers, they claim for the payment of the money, such as the compensation for joint tort or the money loan contract between the plaintiffs and the defendant, as stated in the purport of the claim.

B. The fact that there is no dispute over the claim for damages arising from the tort Gap.

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