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(영문) 서울북부지방법원 2016.10.13 2015가단119281
차용금 반환청구
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B with respect thereto from November 13, 2015, and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s mother, D (Death on January 11, 2003), upon receiving interest from Defendant B, has been engaged in monetary transactions with Defendant B, such as lending KRW 20 million in around 1999 and KRW 20 million in around 2002, and leasing a house. The Plaintiff also agreed to receive interest from Defendant B and lent KRW 20 million in money transactions with Defendant B around 2003.

B. Defendant B paid to the Plaintiff a total of KRW 19.5 million on September 19, 2004, and KRW 9.5 million on the following day.

C. On August 6, 2007, Defendant B prepared a “written confirmation of debt/performance” (hereinafter “instant debt certificate”) stating that “Defendant B shall confirm the Plaintiff’s obligation of KRW 40 million and promise to repay it.” At the time, Defendant C used the name and resident registration number in the column as a joint and several surety of the instant debt certificate, and signed by the Plaintiff.

[Ground of recognition] Facts that there is no dispute or no express dispute, Gap evidence Nos. 1 through 5 (including virtual number), Eul evidence Nos. 7 and 8, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 40 million according to the debt certificate of this case, and as requested by the Plaintiff, the Defendant B from November 13, 2015, the following day after the application for modification of the purport of the instant claim and the cause of the claim was served on the said Defendant, and the Defendant C is obligated to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from November 21, 2015 to October 13, 2016, the day following the day when the application for modification of the purport of the instant claim and the cause of the claim was served on the said Defendant, and from the following day until October 13, 2016, each of which is the day when the application for modification was served on the said Defendant.

B. Determination of the Defendants’ assertion (1) The Defendants’ defense of repayment shall be KRW 20 million out of the amount of KRW 40 million under the instant debt certificate.

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