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(영문) 수원지방법원 2019.12.12 2018가단557562
대여금
Text

1. Defendants B and D shall jointly and severally pay to the Plaintiff KRW 56,00,000 and the interest rate from January 9, 2019 to the date of full payment.

Reasons

The Plaintiff, as the husband of Defendant C, remitted each of the KRW 18 million to the same account on December 7, 2015, and ② December 9, 2015, respectively, to the same account under the name of Defendant C, the husband of Defendant B.

[A] In addition, on December 28, 2015, the Plaintiff’s de facto marriage wife transferred KRW 70 million to Defendant B’s account from E account, to Defendant B.

[A] On April 12, 2017, Defendant B issued and delivered a loan certificate stating that “The Plaintiff shall pay interest and principal until November 30, 2017, because it borrowed KRW 18 million from the Plaintiff.”

[A] On the other hand, on the other hand, on January 23, 2018, Defendant D prepared and delivered a letter of payment stating that “The Plaintiff shall pay KRW 11,100,000,000,000,000 in total, including the principal of KRW 18,000,000,000,000 in interest and KRW 3,000,000,000,000,000 on March 23, 2018, ② KRW 23,000,000 on March 23, 2018, ③ KRW 4,00,000 on April 23, 2018, ④ installment payment shall be made in installments as KRW 18,00,00 on May 25, 2018.”

[A] 4] After that, on February 23, 2018, Defendant D deposited KRW 10 million to the Plaintiff (A 5), Defendant B also deposited the Plaintiff with KRW 25 million on June 19, 2018, and ② KRW 20 million on December 31, 2018, respectively.

[A] 6, 7, 3, and 4] The plaintiff asserts that the above money was jointly borrowed by Defendant B and C, who is the husband and wife.

However, in addition to the borrowing of the above money from the Plaintiff, Defendant C requested Defendant C to lend the above money to the Plaintiff.

or the Defendants jointly borrowed the funds for restaurant opening business.

There is no evidence to support the lending of money to be used in daily home life, such as living expenses, child marriage expenses, etc.

The mere fact that Defendant C’s passbook was remitted to KRW 38 million is insufficient to support Defendant C’s borrowing.

This is because Defendant B borrowed money from the Plaintiff and only used a passbook in the name of her husband.

The plaintiff's claim for the repayment of loans jointly and severally on the premise that the defendant C is a joint borrower.

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