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(영문) 대전지방법원홍성지원 2019.02.20 2018가단5270
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 61.6 million from July 26, 2018 to February 20, 2019.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that Defendant B lent KRW 148 million to Defendant B at the annual interest rate of KRW 5% per annum from January 24, 2015 to September 2, 2016 ( KRW 60 million from January 24, 2015 to September 2, 2016), and received reimbursement of KRW 69 million as principal by August 22, 2018.

In addition, the said money was used for the repair and the opening of the restaurant after the purchase of the building, and the defendant C is the husband of the defendant B.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 79 million and its delay damages.

B. The Defendants’ assertion of the loan amount is KRW 90.6 million ( KRW 60 million on November 24, 2015, KRW 10 million on March 21, 2016, KRW 10 million on March 24, 2016, KRW 69 million on September 2, 2016) and repaid the principal amount of KRW 69 million on September 2, 2016.

The interest was not determined at the time of the loan, and there was no set time limit.

2. Determination

A. The following facts can be acknowledged in light of the following facts in Gap evidence Nos. 1, 2-1, 2-1, 3-1, 3-12, and Gap evidence Nos. 4 (the plaintiff evidence Nos. 2, defendant No. 2, defendant Nos. 4 (the plaintiff evidence No. 1, defendant No. 2, the plaintiff's her husband's her husband's her her her her her her her her her her her her her her her her her her her her her her her her

(1) Defendant B purchased, around September 2015, the E- 264 square meters and the three-storys of neighborhood living facilities and housing on the land from Bocheon-si, Bocheon-si, and the three-storys on the land, the price of which is KRW 420 million (the remaining amount shall be paid to November 30, 2015), and completed the registration of ownership transfer on November 25, 2015.

(2) The Plaintiff remitted to Defendant C’s account KRW 60 million on November 24, 2015, KRW 10 million on March 21, 2016, KRW 10 million on March 24, 2016, and KRW 10 million on March 24, 2016, and KRW 10.6 million on September 2, 2016 to Defendant B’s account, and lent to Defendant B.

(3) On January 3, 2016, the Plaintiff loaned Defendant B KRW 40 million in cash, KRW 18 million on January 22, 2016, KRW 12 million on February 9, 2016, KRW 5 million on April 6, 2016, and KRW 40 million on April 6, 2016.

(4) The loan principal between the Plaintiff and the Defendant B is 14.4 billion won.

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