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(영문) 서울북부지방법원 2015.05.12 2014나688
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1, the Plaintiff loaned KRW 10 million to Defendant B on July 18, 2012 to Defendant B by setting the maturity of KRW 18,00 on August 18, 2012 and KRW 5,00 per month interest, respectively, and it is recognized that Defendant C and D guaranteed Defendant B’s debt, and contrary thereto, Defendant D’s result of the Defendant DNA examination is difficult to believe, and it is insufficient to reverse it by itself with the statement No. 1, and there is no counter-proof otherwise.

Therefore, unless there are special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed amount of KRW 10 million and interest or delay damages.

B. On the ground of the Plaintiff’s introduction, the Defendants: (a) borrowed KRW 10 million on April 18, 2012 from the date of non-existence of the name cards; (b) and (c) received only KRW 8,700,000 after deducting the interest rate of KRW 1 million from KRW 10% per month (the Defendants asserted that the deducted interest rate of KRW 2,700,000 was KRW 2,000; and (c) paid KRW 4 million from May 18, 2012 to July 18, 2012 to KRW 3,00,000 as interest rate of KRW 70,000,000 on behalf of the Defendants on August 18, 2012, the Defendants asserted that the said Plaintiff borrowed KRW 10,000 on behalf of the said non-existence of the name cards, and that the Defendants actually borrowed KRW 3,000,000 from the Plaintiff on February 25, 2005.

Therefore, the facts that Defendant B borrowed KRW 10 million from the person who was not aware of his name on April 18, 2012 with the Plaintiff’s introduction are between the parties.

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