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(영문) 의정부지방법원 2018.12.13 2018가단116590
대여금
Text

1. As to the Plaintiff, Defendant B’s KRW 104,00,000 and its amount per annum from February 1, 2018 to July 31, 2018, and the following:

Reasons

1. Under the underlying facts, the Plaintiff received a loan certificate with the purport that the Plaintiff deposited money in the Defendant C’s account and deposited KRW 104,000,000 from the Defendant B to the installment payment from January 20, 2018 to March 2018 (hereinafter “the loan certificate of this case”) may be recognized in accordance with the respective statements set forth in subparagraphs 3 and 4.

2. Determination as to the claim against the defendant B

A. The Defendant B is obligated to pay to the Plaintiff 104,00,000 won with the interest of 104,000,000 won with 5% interest per annum from February 1, 2018 to July 31, 2018, and 15% interest per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following to the date of full payment.

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

3. Determination as to each claim against Defendant C and D

A. The plaintiff alleged that the plaintiff lent KRW 104,00,00 to the defendant C and received the certificate of loan from the defendant Eul as he did not repay to the defendant Eul, and the defendant D prepared a separate certificate of loan while guaranteeing the defendant Eul's obligation to borrow the loan from the defendant Eul, and the defendants are jointly and severally liable to pay the borrowed amount with the defendant Eul.

B. Of the evidence Nos. 2 (Evidence) of the judgment, Defendant D’s portion cannot be used as evidence unless there is any evidence to prove the establishment of the authenticity. The remaining evidence submitted by the Plaintiff is insufficient to acknowledge that Defendant C entered into a monetary loan agreement with the Plaintiff to borrow KRW 104,00,000, and that Defendant D guaranteed the above loan obligation of Defendant B, and there is no other evidence to prove otherwise.

The plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim against the defendant C and D shall be accepted on the ground of its reasoning, and the claim against the defendant C and D shall be dismissed without any justifiable reason. It is so decided as per Disposition.

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