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(영문) 의정부지방법원 2020.06.04 2019가단130968
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 197,00,000 and Defendant B from April 1, 201 to November 12, 2019.

Reasons

1. The assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff loaned Defendant B a total of KRW 234,500,000 over ten times from September 22, 2009 to December 15, 2009. Defendant B repaid KRW 37,500,000 on nine occasions from January 13, 2010 to October 30, 2010, and unpaid loans are KRW 197,000,000. Defendant B borrowed the said money on the pretext of giving profits from an investment in an auction. On July 1, 2010, Defendant B promised to pay KRW 320,000 to the Plaintiff a total of KRW 320,000,000,000,000, each of them promised to pay to the Plaintiff on July 10, 2010.

3) On July 15, 2020, Defendant C, a married couple, demanded the Plaintiff to pay the amount of KRW 300,000,000,00 to the Plaintiff. On October 10, 2009 through August 3, 2010, the Plaintiff prepared a certificate of borrowing that the Plaintiff borrowed the amount of KRW 300,000 from October 10 to August 3, 2010, and paid interest of KRW 50 per annum. On December 16, 2010, the Plaintiff promised to pay KRW 320,000,000 that the Plaintiff lent to the Defendant B until March 31, 201, the Defendants were obligated to pay KRW 30,00,000 from December 15, 20 to December 31, 200, the Plaintiff promised to pay the amount of KRW 300,000 to the Defendants as joint and several surety, and KRW 310,300,000.

B. Defendant B submitted a reference document and written reply to the effect that he/she will repay the money borrowed from the Plaintiff to the purport that he/she recognizes all the Plaintiff’s claims, and Defendant C did not submit any reply to the Plaintiff’s assertion, and it is deemed that the Plaintiff’s assertion was led to confession (Article 150(1) of the Civil Procedure Act).

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