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(영문) 인천지방법원 2018.03.14 2017나60034
대여금
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Facts of recognition;

A. The Defendant (Appointed) and the Appointor D are married, and the Appointor C is the mother of the Defendant (Appointed Party).

B. Around March 2016, the Defendant (Appointed Party) and the Appointed Party D entered the E-specialized school located in Japan, and requested the Plaintiff to lend money because they could not prepare the registration fee.

Accordingly, the Plaintiff deposited 400,000 UN on March 16, 2016 in the E-specialized school account with the registration fee of the Defendant (Appointed Party) and deposited 310,000 UN on June 27, 2016, and deposited Selection’s enrollment fee with D on June 310, 2006.

In addition, on March 8, 2016, the Plaintiff deposited KRW 4,300,000 into the selected party C's account under the name of the selected party D's enrollment fees.

C. Around June 2016, Defendant (Appointed Party) requested the Plaintiff to lend the purchase price for airline tickets to Japan along with his/her child. On June 3, 2016, the Plaintiff paid KRW 911,600 as the purchase price for airline tickets to the On Board Aviation Co., Ltd.

On July 18, 2016, the Plaintiff, the Defendant (Appointed Party), D, and C agreed that the Defendant (Appointed Party)’s obligation against the Plaintiff shall be KRW 760,000,00,000, and that the appointed Party D’s obligation against the Plaintiff shall be KRW 710,000,000, and that the appointed Party C shall be jointly and severally liable for each of the above obligations, and the appointed Party C shall be jointly and severally liable for each of the above obligations, from April 15, 2016 to July 15, 2018, and shall be liable for each of the 50,000,000, each month from April 15, 2016 to July 15, 2018 (hereinafter “instant agreement”).

E. The Defendant (Appointed) and the designated parties did not perform the installment payment under the instant agreement.

[Ground] Facts without dispute, entry of Gap evidence Nos. 1 through 10 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff asserts that the Plaintiff is obliged to pay the full amount of the loan and the damages for delay, as the Defendant (Appointed Party) and the designated parties did not make any installment payment even if they agreed as above, thereby losing the benefit of time.

According to the above facts, the plaintiff's assertion is recognized as facts and therefore.

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