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(영문) 서울남부지방법원 2017.07.11 2016가단255846
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 130 million and KRW 20 million among them, from May 1, 2016 to January 1, 201.

Reasons

1. Facts of recognition;

A. Defendant B’s wife D, the representative director of Defendant C (hereinafter “Defendant Company”) borrowed money from the Plaintiff several times from June 20, 2015 to November 2, 2015, and used it as the operating fund of the Defendant Company, or used it for his own personal use.

B. On February 12, 2016, Defendant B borrowed KRW 10 million from the Plaintiff.

C. On April 12, 2016, Defendant B borrowed KRW 30 million to the Plaintiff, and among them, KRW 20 million to the Plaintiff on April 30, 2016, and on May 31, 2016, Defendant B prepared and issued a certificate of borrowing (Evidence 1-1-2) stating that each of the repayment will be made on May 31, 2016, and the amount of KRW 100 million to the Plaintiff on June 12, 2016 (Evidence 1-2).

After receiving a written and written confirmation from Defendant B, the Plaintiff additionally lent KRW 10 million to Defendant B on April 12, 2016, and KRW 15 million on April 15, 2016, and KRW 20 million on April 15, 2016.

E. On September 25, 2016, Defendant Company prepared and delivered an agreement (Evidence A 4) stating that Defendant B would jointly pay Defendant B’s debt amounting to KRW 130 million to Defendant B to the Plaintiff and jointly with Defendant B.

【Ground for Recognition: Facts without dispute, entry in Gap evidence 1 through 7 (including each number in the case with a serial number), the purport of the whole pleadings】

2. Determination

A. According to the above facts of recognition as to the cause of the claim, on April 12, 2016, Defendant B agreed with the Plaintiff to jointly and severally pay the said KRW 130 million to the Plaintiff on September 25, 2016, since Defendant B agreed to jointly and severally pay the Plaintiff the said KRW 130 million to the Plaintiff, the Defendants are jointly and severally liable to the Plaintiff.

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