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(영문) 광주지방법원 2019.11.28 2019가단511135
차용금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 50,000,000 and Defendant B with respect thereto from May 1, 2019.

Reasons

1. According to the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Defendants jointly borrowed KRW 100 million from the Plaintiff on October 16, 2018. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the loan amount of KRW 100 million and the damages for delay.

2. The defendants' defenses are defenses that the defendants paid KRW 50 million out of the borrowed amount. Thus, considering the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in the statement in Eul evidence No. 1, namely, the amount of KRW 40 million from the account in Eul's name to the plaintiff's account on February 23, 2019; KRW 50 million on February 27, 2019; KRW 50 million was deposited at the defendant's request; KRW 50 million was deposited to the plaintiff; and KRW 50 million was not returned from the defendants thereafter, even if D did not pay KRW 50 million to the plaintiff on behalf of the defendants, it can be acknowledged that it paid KRW 50 million out of the borrowed amount to the plaintiff on behalf of the defendants, and the aforementioned defendants' defense is valid pursuant to Article 469 (1) of the Civil Act.

3. According to the conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff 50 million won and the Defendants with 5% per annum under the Civil Act until November 28, 2019, which is the date following the delivery of a copy of the complaint against the Defendants, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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