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(영문) 대구지방법원김천지원 2019.04.02 2018가단34229
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 12, 2015, Defendant B, an employee of the Plaintiff, prepared and rendered the following loan certificates (hereinafter “instant loan certificates”) to the Plaintiff.

1. Principal: 120 million won;

2. The due date: 24 months from the date of borrowing;

3. Interest: 2% per annum;

4. Time to pay interest: The 15th day of each month.

5. Method of Repayment: I will, under such conditions as above, borrow the above amount from the plaintiff as a loan for house purchase (including a charter contract) and promise to repay the full amount by the due date and make efforts to repay it as soon as possible even before the due date. I will undertake to meet all their responsibilities if civil or criminal problems arise due to this case.

B. Defendant B received KRW 120,000,000 from the Plaintiff.

Defendant C is the spouse of Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that Defendant B borrowed the money stated in the loan certificate of this case from the plaintiff as an apartment purchase fund, and the above monetary borrowed money is for the purpose of running a common life of the married couple, and thus Defendant C also bears joint liability. Since KRW 11,00,000 out of the principal amount was deducted from the monthly salary of Defendant B, the defendants jointly and severally are liable to pay the remainder of the loan amount of KRW 109,000,000 and delay damages to the plaintiff.

As to this, the Defendants purchased the land of D, the representative of the Plaintiff, and performed the work of obtaining permission for the registration of a superstore and building permission for the construction of a complex shopping mall to Defendant B on October 2014, and the Plaintiff paid 120,000,000 won as piece rates by Defendant B’s efforts around October 2015, and only borrowed money at the Plaintiff’s request.

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