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Reasons
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(영문) 인천지방법원 2012.08.30 2011가단101017
대여금
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1. The Defendants are as follows: Plaintiffs A and B respectively KRW 10,000,000; KRW 8,000,000 to Plaintiff C; and Plaintiff D.

Reasons

1. The facts of recognition [based on recognition: the confession and deemed confession to Defendant J, and the defendant KK Housing Reconstruction and Improvement Project Association (hereinafter referred to as the "Defendant Association");

i)each description of Gap evidence 1 to 11, and the whole purport of oral proceedings against Gap

A. At around December 2008, the Defendants filed a lawsuit of demurrer against the third party as the court 2008Gaga1384777, and received from this court an order to provide security of KRW 50,000,000,000 from this court, as the court 2008Kaga3089, 2007Gahap5416, each executory exemplification of the judgment of provisional execution rendered in the case No. 2007Gahap5416 (hereinafter “the judgment of sale price”).

B. Accordingly, the Plaintiffs deposited KRW 50,000,000 in total in the attorney-at-law account, the attorney of the Defendants in the above third party lawsuit, as shown in the table, and the Defendants deposited KRW 50,000,000 with the non-party company as the principal deposit account in March 25, 2009 by this Court gold No. 1707 in 2009.

A CD E F G HI

2. According to the above facts of recognition as to the claim against the defendant J, the plaintiffs deposited the deposited money to be borne by the defendants to the attorney-at-law M at the time of the defendants, and at that time, there was a monetary loan contract between the plaintiffs and the defendants for the above amount of KRW 50 million between the plaintiffs and the defendants. Thus, the defendant is obligated to pay the above money to the plaintiffs.

3. Defendant Kit Housing Reconstruction and Improvement Project Association (hereinafter referred to as the “Defendant Association”);

A. According to the above facts of recognition as to the loan claim, since the plaintiffs bear the money to be deposited by the defendants, it shall be deemed that a monetary loan contract for the above money was concluded between the plaintiffs and the defendants at that time, barring any special circumstance, the defendants are obligated to pay the money deposited by the plaintiffs to the plaintiffs.

For this reason,

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