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(영문) 서울중앙지방법원 2018.12.21 2018가단47180
대여금
Text

1. The Plaintiff:

A. Defendant B: (a) as to KRW 32,00,000 and KRW 26,000 among them, from February 22, 2009 to April 23, 2018.

Reasons

1. Indication of claim;

A. Defendant B is the Plaintiff’s husband’s external relative relationship, and the Defendants are the husband and wife.

B. On October 2008, Defendant B lent KRW 30 million to the Plaintiff and paid KRW 100,000,000 to the end of January 2009, Defendant B borrowed money from the Plaintiff but did not have any intent or ability to repay even if it borrowed money from the Plaintiff, Defendant B borrowed KRW 26,00,000 on December 17, 2008, and KRW 26,000,000,000 on December 22, 2008, with a view to raising funds necessary for common life of the married couple, for the purpose of raising funds from the married couple, the above borrowed money was used for maintaining the living expenses of the married couple community (hereinafter “the borrowed money”).

C. Defendant B stolen a letter of borrowing of the instant borrowed loan, and repeated the Plaintiff’s hummatic and assaulting the Plaintiff who urged repayment.

2. Grounds for recognition: Confession (Article 150 (3) and (1) of the Civil Procedure Act);

3. Conclusion, Defendant B is obligated to pay to the Plaintiff the agreed delay damages at the rate of 20% per annum from February 22, 2009 to April 23, 2018, and 24% per annum from the next day to the date of full payment. Defendant C is jointly and severally with Defendant B to pay the borrowed amount of KRW 26,00,000 and the agreed delay damages at the rate of 20% per annum from February 22, 2009 to April 23, 2018 to the date of full payment. Defendant C is obligated to pay the borrowed amount of KRW 26,00,000 among the money referred to in the preceding paragraph, and from February 22, 2009 to April 23, 2018 to the date of full payment. Accordingly, the Plaintiff’s claim against the Defendant B shall be accepted, and the above claim against the Defendant C shall be accepted within the scope of full payment.

(Defendant C is not a party to a tort, and is not obligated to pay consolation money to the Plaintiff)

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