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(영문) 대전지방법원논산지원 2016.11.24 2016가단1949
대여금 등
Text

1. The Plaintiff, Defendant C, and Defendant C, jointly and severally with Defendant C, KRW 5,500,000, and each of them.

Reasons

1. On October 21, 2015, the Plaintiff agreed between the Defendants and the Defendants on October 21, 2015, to pay KRW 10,000,00 to the Plaintiff, as the Defendants agreed to jointly and severally pay the amount of KRW 5,50,00,00 with respect to the amount of fish fish not returned. The Defendants did not dispute the Plaintiff’s obligation jointly and severally with regard to the amount of KRW 5,50,000 out of the said amount.

Therefore, in relation to the remaining KRW 4,400,00, which the Defendants are disputing, whether or not the Defendants are liable for payment.

According to the statement in Gap evidence No. 3, the plaintiff and defendant C prepared a settlement agreement on October 21, 2015, stating that "10,000,000 won that is not returned in relation to the salted fish and the destroyed salted fish shall be adjusted by the end of December, 201." The following facts can be acknowledged: "5,00,000 won," and the above evidence alone is insufficient to conclude that the amount to be paid by the defendants to the plaintiff is 10,000,000 won exceeding 5,50,000 won, and there is no other evidence to acknowledge it.

Therefore, the defendants are jointly and severally liable to pay the above KRW 5,500,000 and damages for delay to the plaintiff, unless there are special circumstances.

Meanwhile, the Defendants asserted that, on November 6, 2015, the Plaintiff and the Defendants agreed to settle the said claims in a manner that renounces the Plaintiff’s retirement benefits, while serving in the Plaintiff’s workplace and retiring from the Plaintiff.

The evidence No. 8 is insufficient to acknowledge the above agreement solely on the basis of the statement No. 8, and there is no other evidence to acknowledge it, and the above assertion by the defendants is rejected.

② Defendant C.

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