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(영문) 부산지방법원서부지원 2020.12.03 2019가합104476
대여금
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 555,00,000, and KRW 300,000,000 to Plaintiff C and each of them.

Reasons

The Plaintiff entered into a contract to lend a total of KRW 550,00,000 from October 25, 2012 to December 3, 2014 to Defendant D, and paid the said money.

Plaintiff

C around October 4, 2016, around October 4, 2016, concluded a contract to lend the amount of KRW 300,000,000 to Defendant D without setting interest and due date.

Plaintiff

On October 1, 2019, A sent to Defendant D a certificate of content that “B, on behalf of the Plaintiffs, shall return each of the above loans amounting to KRW 850,000,000 by October 18, 2019 (i.e., Plaintiff C’s loans amounting to KRW 550,000,000)” (i.e., Plaintiff’s loans amounting to KRW 300,000,000).

[Grounds for recognition] If there is no dispute, Defendant D is obligated to pay to Plaintiff A the sum of KRW 550,000,000,000, the leased principal, KRW 300,000,000, and damages for delay.

Defendant D’s defense as to the defense is a defense that Defendant D repaid the loan by means of paying hospital expenses, living expenses, etc. for the plaintiffs, but there is no evidence to acknowledge the above assertion.

Therefore, Defendant D’s defense is without merit.

Comprehensively taking account of the following facts acknowledged as to the determination of the claim against Defendant E, the facts charged by Defendant E with each of the above loans owed to the Plaintiffs, jointly and severally with Defendant D, by comprehensively taking account of the written evidence and the entire purport of the pleading from Nos. 1, 2, 4, 5, 7, 8, 9, and 11 through 15.

The Defendants are married couple.

The Plaintiffs remitted to the Defendant E’s account, or provided the Plaintiff’s 3,600m2 as security, and then paid the loan by way of receiving KRW 300,000,000 designated by the Defendants, after the Plaintiff’s Gangseo-gu Busan Party’s 3,600m2.

(Plaintiffs asserted that G is the former workplace rent of Defendant E). Plaintiff C transferred KRW 300,000,000 from October 4, 2016 to Defendant E on the same day, and Defendant E transferred on November 3, 2016.

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