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(영문) 인천지방법원 2018.05.09 2017가단220569
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 10,00,000 and for this, KRW 5% per annum from May 24, 2017 to May 9, 2018.

Reasons

1. Determination as to the cause of claim

A. On November 27, 2012, the Plaintiff lent KRW 20,000,000 to Defendant B, and the Defendant C jointly and severally guaranteed its obligation. 2) On November 28, 2012, the Plaintiff lent KRW 10,000,000 to Defendant B.

3) The Plaintiff lent KRW 23,700,000 to Defendant C on March 23, 2012, KRW 5,000,000, KRW 5,000 on May 24, 2012, KRW 7,700,00 on May 30, 2012, KRW 4,500,00 on September 28, 2012, KRW 23,700 on a total of KRW 4,50,000 on December 4, 2012, and KRW 23,70,000 on a deposit with Defendant C. [Grounds for recognition] The Plaintiff stated the evidence under subparagraphs 1 through 3 (including a serial number), and the purport of the entire pleadings.

B. According to the above facts of recognition, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the loan of KRW 30,000,000,000, Defendant C jointly and severally with Defendant B to pay the above amount of KRW 20,000,000, and damages for delay. Defendant C is obligated to pay the loan of KRW 23,700,000 and damages for delay.

2. Determination as to the defendants' defense

A. The Defendants’ assertion ① The Defendants’ obligation of KRW 20,000,000 on November 27, 2012 was extinguished by Defendant B’s repayment.

(2) The loan obligation of Defendant B amounting to KRW 10,00,000 on November 28, 2012 was fully extinguished by another person’s substitute payment.

(hereinafter “Chapter 2”). (3) The Defendant C’s obligation to pay KRW 19,20,000,000 on March 23, 2012, 5,000,000 on May 24, 2012, and KRW 7,700,000 on May 30, 2012, and KRW 4,50,000 on September 28, 2012, were fully extinguished by another person’s substitute payment.

(hereinafter referred to as “third-party Chapter”). (b)

Judgment

In full view of the purport of the entire pleadings as to Section 1 as to Section 1, Defendant B’s performance of KRW 20,000,000 on December 31, 2012, including KRW 2,00,000,000 on June 10, 2014, is recognized.

According to the above facts of recognition, the Defendants’ obligation of KRW 20,000,000 on November 27, 2012 was extinguished by Defendant B’s repayment.

Therefore, it is true.

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