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(영문) 의정부지방법원고양지원 2014.09.18 2014가단17384
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and 5% per annum from May 31, 2012 to June 23, 2014.

Reasons

1. According to the evidence No. 1-1, No. 2, and No. 3 of the judgment on the cause of the claim, Defendant B agreed to borrow KRW 30 million from the Plaintiff on May 17, 2012 and to repay the loan up to May 30, 2012. Defendant C, D, and E may jointly and severally guarantee Defendant B’s obligation to repay the loan up to May 30, 2012. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30 million and its due date from May 31, 2012 to June 23, 2014, the delivery date of the copy of the complaint of this case, 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment.

2. The Defendants’ defenses raised by the Defendants: (a) borrowed additional KRW 22 million in addition to the loans claimed by the Plaintiff; (b) paid KRW 10 million around August 9, 2012, and KRW 24 million on October 25, 2012; and (c) on September 8, 2012, the Defendants asserted that the Plaintiff repaid all the loans to the Plaintiff on behalf of the Plaintiff by paying the machinery cost of KRW 20,70,000,000 to F; and (d) based on the written evidence Nos. 1, 2, and 3, Defendant B paid KRW 10,000 to the Plaintiff on August 10, 2012; and (e) Defendant E paid KRW 2,70,000 to the Plaintiff on September 8, 2012, KRW 401,000,000,000,000 for each of Defendant E’s reimbursement to the Plaintiff.

However, in the case of KRW 20,70 million on September 8, 2012, the Defendants’ defense that was paid as a substitute for the repayment of the loan to the Plaintiff is insufficient to acknowledge the fact that the statement of KRW 4-1 and 2-2 on September 8, 2012 was paid as a substitute for the repayment of the loan to the Plaintiff.

According to the statements in the evidence No. 5-1, No. 2, and No. 6, Oct. 25, 2012, the amount of KRW 10 million as of August 10, 2012 and KRW 14 million as of October 25, 2012, Defendant E and D are still worth loans of KRW 30 million as of July 10, 2013 and January 20, 2014, to the Plaintiff on May 17, 2012.

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