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(영문) 서울중앙지방법원 2018.07.26 2017나54298
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of Gap evidence Nos. 1 and 4 as to the loan claim, the plaintiff lent 10,000,000 won to the defendant Eul on March 25, 2006 and 20,000,000 won on January 12, 2007. The defendant Eul, the husband of the defendant Eul, was jointly and severally liable for the above loan debt to the defendant Eul on January 12, 2007, and the plaintiff additionally lent 1,00,000,000 won to the defendant Eul on August 24, 2007, barring any special circumstance, the plaintiff is jointly and severally liable to pay the above 20,000 won to the defendant Eul as the principal debtor, the defendant Eul as the joint and several surety, and the above 20,000,000 won and damages for delay as the joint and several surety.

3) Furthermore, the Plaintiff claimed against Defendant C for payment of KRW 1,00,000 as loans and delay damages therefor, as of August 24, 2007, jointly and severally with Defendant B. However, there is no evidence to acknowledge that Defendant C provided joint and several sureties with respect to Defendant C’s loan obligations on August 24, 2007, this part of the Plaintiff’s claim against Defendant C is without merit. (b) Comprehensively taking account of the overall purport of the entries and arguments in the evidence Nos. 3 through 5, 7, and 8 as a whole, the Plaintiff’s claim against Defendant C is without merit. (i) The Plaintiff paid KRW 400,000 per monthly deposit and received KRW 50,000 after the receipt of the fraternity deposit (Provided, That the Plaintiff is not obliged to pay KRW 10,000 after receipt of the fraternity deposit, and KRW 200,000 from the sequence No. 10 to 360,000 and KRW 240 after the operation of the previous two accounts.

(C)No. 5, 12, 12, the sum of the amounts to be paid by Defendant B is KRW 23,500,000 [[(40,000 x 4 times) x 500,000 x 21 times] [40,000 x 11)].

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