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(영문) 서울중앙지방법원 2017.07.04 2016가단86167
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 235,940,326 and KRW 100,000,00 among them, from February 18, 2016.

Reasons

The defendants are jointly and severally liable to pay the unpaid principal and interest and delay damages to the plaintiff as described in the attached Form Nos. 1 through 13, in full view of the respective descriptions and the purport of the entire pleadings as shown in the attached Table (Provided, That the "creditor" shall be deemed to be the plaintiff, and the "debtor" shall be deemed to be the "defendant."

The Defendants asserted to the effect that “this case’s letter of credit transaction was signed and sealed, but there was no fact that they received a loan, and there was no fact that they received a loan for the purpose of repayment and loan interest.” However, according to each of the above evidence, insofar as it can be acknowledged that a loan was transferred to Defendant A’s account under the credit transaction agreement between Samsung Mutual Savings Bank and the Defendant, the Defendants’ assertion alone is difficult to view that the Defendants is exempted from the obligation to return the instant loan. Therefore, the Defendants’ assertion is without merit.

Thus, the plaintiff's claim is justified, and all of them are accepted.

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