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Reasons
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(영문) 서울중앙지방법원 2014.05.30 2013가단246722
대여금 등
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1. The Plaintiff, Defendant B’s KRW 21 million, and the Defendants’ joint and several liability amounting to KRW 20 million, respectively, and each of them from September 28, 2013.

Reasons

1. Facts of recognition;

A. On November 7, 2006, the Plaintiff and Defendant B made a joint investment and was awarded a successful bid in the name of the mother in the name of B, with No. 101-284.74m2 (hereinafter “instant commercial building”).

B. On August 14, 2008, Defendant B drafted a cash custody certificate with respect to the Plaintiff’s total amount of KRW 21 million until then.

C. On May 13, 2009, Defendant C borrowed KRW 10 million from the Plaintiff, and prepared a cash storage certificate for KRW 20 million in total, including KRW 10 million previously borrowed from the Plaintiff.

Defendant B signed the cash custody certificate as a joint guarantor. D.

Defendant B completed the registration of ownership transfer of the said real estate on April 20, 2010.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, Eul 1 and 5, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, Defendant B was above to the Plaintiff.

1. The loan amount of KRW 21 million under subsection (b) and the Defendants’ joint and several liability

1. The person shall be obligated to pay 20 million won and any delay interest thereon as referred to in paragraph (3); and

3. Determination as to the defendants' defense

A. First, the Defendants: (a) as Defendant B transferred the ownership of the instant commercial building to the Plaintiff, and the Plaintiff paid KRW 100 million to Defendant B as the investment income including the principal, the said investment income was paid before receiving KRW 100 million.

1. The claim that the loans referred to in subsection (b) cannot be paid KRW 21 million.

It is not sufficient to recognize that the Plaintiff is liable to pay KRW 100 million of investment earnings only with the statement of KRW 10,000,000, and there is no other evidence to acknowledge it.

B. The defendants are also the defendants

1. A defense that the repayment of the borrowed amount of KRW 20 million was made, but it is not sufficient to acknowledge the fact that each statement of KRW 8 and KRW 9 was made, and there is no other evidence to prove that the repayment was made.

C. The defendants' defenses are without merit.

4. All of the claims of the Plaintiff on the conclusion of the decision are accepted.

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