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(영문) 서울중앙지방법원 2015.11.20 2014가합46919
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs are holding each of the following certificates of borrowing (hereinafter “each of the instant certificates of borrowing”).

Plaintiff

A: Amount of KRW 690 million, interest rate of KRW 2.5%, 2.5%, the borrower, the Plaintiff A, the borrower, and the Plaintiff on December 31, 2012 as of December 31, 2012 (the certificate of KRW 1; hereinafter “the certificate of KRW 1”).

B. Plaintiff B: Amount of KRW 70 million, interest rate of KRW 2.5%, Defendant who borrowed, Plaintiff B who borrowed, Plaintiff B, and Plaintiff on December 30, 2012 as of December 30, 2012 (Evidence A2; hereinafter “No. 2”)

C. Plaintiff C: Amounting to KRW 710 million, interest rate of KRW 2.5%, Defendant who borrowed, Plaintiff C, the borrower, Plaintiff C, and Plaintiff on December 29, 2012 as of December 29, 2012 (hereinafter “third loan certificate”) without dispute (based on recognition”); and written evidence A1, 2, and 11 each.

2. The parties' assertion

A. Under the plaintiffs' assertion, the plaintiffs have the loan claims against the defendant based on the respective loan certificates of this case. Thus, the defendant is obligated to pay the plaintiff A the amount of KRW 690 million, KRW 700 million to the plaintiff B, KRW 710 million to the plaintiff C, and the interest or delay damages therefor.

1) Plaintiff A: (a) lent money several times on October 9, 2003 to the Defendant with interest rate of KRW 25 million; (b) around February 25, 2005, the loan certificate (Evidence A) stating the sum of the existing principal and interest on the loan as the principal amount was received; (c) each year, the above loan and interest on the loan were issued with a loan certificate stating the sum of the 30% interest on the loan and interest thereon as the principal amount, and finally, on December 31, 2012, the Plaintiff B received KRW 1 loan certificate with the principal amount of KRW 690,000,000,000 as the principal amount until December 31, 2012: (d) Gangnam-gu, Seoul, 114dong 501 (hereinafter “the apartment house of this case”) and received KRW 39,300,000,000,000 as the deposit money to the Defendant on February 39, 2003.

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