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(영문) 서울북부지방법원 2015.08.13 2014가단23437
대여금
Text

1. Defendant B shall pay 70,000,000 won to the Plaintiff and 20% per annum from October 16, 2014 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The fact that Defendant B borrowed KRW 100 million from the Plaintiff around 2001 and repaid KRW 30 million among them does not conflict between the parties.

B. According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff the remainder of KRW 70 million and the damages for delay calculated at the rate of 20% per annum from October 16, 2014 to the date of full payment, which is the following day after the application for the instant payment order was served on Defendant B.

2. Determination as to the claim against Defendant C

A. The Plaintiff asserts that Defendant C borrowed KRW 100 million as stated in the above paragraph (1) from the Plaintiff around 2001 with Defendant C’s denial, family living expenses, and building project funds, etc.

As to whether Defendant C borrowed or guaranteed the above KRW 100 million from the Plaintiff with Defendant B, it is not sufficient to recognize the above only the descriptions as to whether Defendant C borrowed or guaranteed the above KRW 100 million from the Plaintiff, as well as the statements as to the evidence Nos. 1, 3-1, 4-1, 4-2, 6-1, 2, 8-11, and witness evidence Nos. 6-1, 6-2, and 8 through 11, and there is no other evidence to prove otherwise.

B. The Plaintiff solely borrowed the above loan.

Even if all of the above loans were used in the daily home life of the defendant couple, and the defendant C promised to pay them later, the defendant C is jointly and severally liable with the defendant Eul who is the husband to pay the above loans to the plaintiff.

It is insufficient to recognize that Defendant B’s borrowing act belongs to the daily home life of the Defendant couple, or Defendant C promised to pay it on behalf of the Defendant couple, on the sole basis of the entries in Gap evidence 3-1, Gap evidence 3-1, 4-1, 2, 6-1, 2, 6-2, and Gap evidence 7 through 11, and witness evidence D’s testimony is insufficient, and there is no other evidence to prove otherwise, the Plaintiff’s assertion on this premise.

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