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(영문) 서울중앙지방법원 2016.01.29 2015가단169478
대여금
Text

1. Defendant B’s KRW 130,000,000 as well as 5% per annum from April 1, 2015 to October 21, 2015 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. In fact, the Plaintiff: (a) determined that Defendant B was due and paid KRW 20 million on January 27, 2015 until March 31, 2015; (b) determined that February 26, 2015 was due and paid KRW 20 million until March 31, 2015; and (c) determined that March 12, 2015 was due and lent KRW 90 million until March 31, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings

B. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at each rate of 130 million won per annum as stipulated in the Civil Act from April 1, 2015 to October 21, 2015, which is apparent in the record that it is a delivery date of a copy of the complaint of this case, from April 1, 2015 to October 21, 2015, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination as to the claim against Defendant C

A. As to the assertion that Defendant C is a borrower, the Plaintiff asserts that Defendant C borrowed the sum of KRW 130 million from the Plaintiff.

However, each statement of Gap evidence Nos. 2 through 4 (including each number) is not sufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, according to the statement No. 1-3 of the evidence No. 1-3, each loan certificate can only be accepted that only Defendant B signed.

The plaintiff's above assertion cannot be accepted.

B. As to the assertion on joint and several liability pursuant to Article 832 of the Civil Act, the Defendants asserted as one of the Plaintiff’s husband and wife have the right of representation in household affairs with Defendant B. In order for Defendant B to pay interest on the loans from the mother in Songpa-gu Seoul, Songpa-gu, Seoul in the name of Defendant C, the amount of KRW 90 million was borrowed from each of the purchase funds to pay for the expenses necessary for the joint life of the married couple. Thus, Defendant C and the Plaintiff jointly and severally with Defendant B pursuant to Article 832 of the Civil Act.

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