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(영문) 서울서부지방법원 2015.02.11 2014가단39445
대여금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 25,00,000 as well as 20% per annum from October 11, 2014 to the date of full payment.

Reasons

1. The fact that the Plaintiff loaned (hereinafter referred to as “instant loan”) to Defendant B (a) KRW 5 million on August 20, 2012, KRW 5 million, KRW 5 million on June 3, 2013, KRW 5 million on January 14, 2014, KRW 4 million on January 14, 2014, KRW 29 million on April 11, 2014, KRW 5 million (i.e., KRW 5 million) to Defendant B is not disputed between the parties.

Therefore, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 25 million, excluding the money that the Plaintiff paid to the Plaintiff, and the delay damages calculated at the rate of 20% per annum from October 11, 2014 to the date of full payment following the delivery of the complaint of this case.

2. Claim against Defendant C

A. Defendant C and the Plaintiff jointly borrowed the instant loan from the Plaintiff. As such, Defendant C and Defendant C are jointly and severally liable to pay to the Plaintiff the remainder of KRW 25 million, excluding the money that the Plaintiff had received from the Plaintiff out of the instant loan, and damages for delay.

B. Of the evidence Nos. 1-3 (Evidence) of the judgment of the court below, the part on Defendant C’s title cannot be used as evidence because there is no evidence to acknowledge the authenticity. Of the evidence Nos. 1-1, 2, and 1-3 of the evidence Nos. 1-3, the part on Defendant B’s title No. 2, 3-1, 2, 3-2, and 3 are insufficient to recognize that Defendant C borrowed the instant loan from the Plaintiff jointly with Defendant B, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's argument about defendant C is without merit.

3. Conclusion, the Plaintiff’s claim against Defendant B is accepted, and the claim against Defendant C is not accepted.

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