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(영문) 서울중앙지방법원 2016.11.15 2015가단105825
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 41,00,000 won and the period from June 26, 2010 to April 26, 2016.

Reasons

1. Determination as to the cause of claim

A. The Defendants: (i) have to keep the cash custody certificate stating: (i) on October 20, 2008, the date of performance (hereinafter “the cash custody certificate of this case”); (ii) on December 30, 2009, the date of performance, (iii) the cash custody certificate stating “the cash custody certificate of this case (hereinafter “the cash custody certificate of this case”)”; and (iv) on December 30, 2009, the Defendants have to keep KRW 2,000,000,000,000,000,000,000,000. (hereinafter “the cash custody certificate of this case”) signed to make reimbursement on June 25, 2010 (hereinafter “the cash custody certificate of this case”) and written each “the name and resident registration number of the Defendants or “the custodian of this case”; and (v) the seals and seals of the Defendants, and affixed their seals and seals to each of the Defendants.

The Defendants did not pay to the Plaintiff the amount stated in each of the cash custody certificates of this case.

[Ground of recognition] The entry of Gap evidence 1-1-3, the appraisal result of appraiser E, the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are presumed to have signed and sealed the money stated in each of the cash custody certificates of this case with the intent to jointly and severally repay them.

Therefore, the Defendants jointly and severally set forth in the Civil Act 41,00,000 won and damages for delay calculated from June 26, 2010 to April 26, 2016, where the date of the last delivery of the copy of the complaint in this case, which was clearly recorded, as the date following the date of payment of the loan stated in the 3 cash storage certificate of this case, the Plaintiff sought from June 26, 2010 to the Plaintiff (the service of the copy of the complaint in this case was actually conducted as Defendant B appeared at the first day of April 26, 2016, while the service of the copy of the complaint in this case was not performed).

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