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(영문) 수원지방법원 2020.10.15 2019가단25659
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 46,200,000 won and the period from December 5, 2019 to October 15, 2020.

Reasons

1. The Defendants are married with each other, and Defendant B is the external third village of the Plaintiff.

On July 30, 2012, Defendant C asserted to the Defendants that, in the written reply dated February 4, 2020, Defendant C did not specifically dispute the facts of the borrower and the amount additionally repaid, other than the amount that the Plaintiff is the person who is the borrower, was paid. Since the documents containing legal arguments in this court were submitted or did not appear on the date for pleading, it is deemed that the Plaintiff led to the confession of the fact of borrowing against the Plaintiff.

148,50,000 won was lent.

From around 2013 to July 30, 2019, the Plaintiff received KRW 48,500,000 in cash, and KRW 44,700,000, respectively, in the account.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the defendants are jointly and severally liable as joint borrowers, barring any special circumstance. In light of the fact that considering the purpose and circumstance of the lending of this case and the relationship between the parties, etc., the defendants are presumed to have been premised on the defendants' joint liability at the time of the lending of this case, barring any special circumstance, the defendants are liable to perform all of their obligations and are exempted from their obligations (Article 413 of the Civil Act). Thus, it is reasonable to view the defendants' obligations against the plaintiff as joint and several obligations.

The Plaintiff is obligated to pay 5,300,000 won (i.e., KRW 148,500,000 - KRW 48,500,000 - KRW 44,700,000) and delay damages therefor.

3. Comprehensively taking account of the overall purport of Gap evidence Nos. 3 and Eul evidence Nos. 1 and evidence Nos. 1 as to the defendants' defenses, Defendant B’s repayment of KRW 9,100,000 to the plaintiff on September 4, 2012, and KRW 2,000,000 on September 24, 2012, and KRW 2,000,000 on November 5, 2012, and KRW 90,000 on May 10, 2013, and KRW 2,200,000 on August 30, 2013.

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