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(영문) 인천지방법원부천지원 2015.08.06 2015가단191
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff asserts that since the defendant and B borrowed KRW 21,00,000 from the plaintiff, the defendant is obligated to pay the above 21,000,000 won and damages for delay to the plaintiff. Accordingly, the defendant asserts that the loan certificate in this case is prepared in the form without payment of money, and the defendant merely borrowed the above money as a mere observer's position, and even if he borrowed the above money, the above loan obligation is divided. According to the purport of the entries and arguments in the Gap evidence No. 1 and all the arguments, the plaintiff is obligated to pay the above loan loan amount of KRW 21,00,00 and the above amount of KRW 21,00,00 from the defendant and B around September 9, 2003 (hereinafter "the loan certificate in this case" and "the loan certificate in this case").

A) The facts that the Defendant prepared and received may be recognized. As to the Defendant’s assertion, the foregoing assertion is without merit in light of the following: (a) the Defendant’s health service provider; (b) the Defendant’s assertion is contrary to the contents of the instant loan deed; and (c) the Defendant did not submit any evidence to acknowledge it. In the event multiple parties become a debtor under the Civil Act together with the Defendant’s assertion, a number of debtors are in principle liable for installment payments, unless there is any special declaration of intention; (c) however, in a case where a claim relationship arises due to the parties’ declaration of intent, if it is reasonable to interpret that multiple parties are to assume indivisible obligations in view of the nature of the payment, transaction practices; and the relationship between the parties and the transaction circumstances, multiple debtors are liable for the total amount of obligations (see, e.g., Supreme Court Decision 2014Da26521, Aug. 20, 2014). According to the foregoing facts, the instant loan

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