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(영문) 서울중앙지방법원 2018.09.19 2018가합510166
대여금
Text

1. Defendant B shall pay KRW 60 million to the Plaintiff and KRW 7,500,000 per month from January 30, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On January 24, 2017, the Plaintiff prepared a loan certificate with Defendant B, stating that the Plaintiff lent KRW 300 million to Defendant B, and that the Plaintiff shall be paid interest KRW 3,750,000 with the Plaintiff’s account on January 23, 2019 and the 30th day of each month due.

B. On February 27, 2017, the Plaintiff prepared a loan certificate with the Defendant B stating that the Plaintiff lent KRW 200 million to the Defendant B, and that the Plaintiff shall be paid interest KRW 2,50,000 with the Plaintiff’s account on February 27, 2019 due date and on February 30, 2019.

(hereinafter referred to as “each of the instant loans” in addition to each of the loans described in subsection (a).

The Plaintiff’s account from January 24, 2017 to Defendant B’s account for the same year.

1. Between 25.20 million won, February 28, 2017, and September 29, 2017, remitted KRW 30 million, respectively.

Defendant B paid 6,250,000 won to the Plaintiff on January 31, 2017, and 6,250,000 won on the last day of each month from February 2, 2017 to August 2017 (= KRW 3,750,500,000), and 7,50,000 won on the last day of each month from September 2017 to December 2017 (= KRW 3,750,000,000).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 4, Eul evidence Nos. 4 and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of Plaintiff 2017, the Plaintiff resided in the same apartment as that of the Defendants, who were the married couple, and stored a kind of friendship. However, the Defendants’ defect in need of apartment purchase fund, Defendant B’s KRW 30 million on January 24, 2017, KRW 27 billion on February 27, 2017, and the same year

9. A total of KRW 600,000,000 (hereinafter “instant money”) was leased on 29.10,000 won.

Defendant C is jointly and severally liable with respect to the above loan by means of a daily work agency.

Therefore, the defendants are jointly and severally liable to pay the same amount as that stated in the claims.

B. Defendant B is sufficiently able to receive the instant money from the Plaintiff as the Defendants owned with sufficient assets at the time of payment.

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