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(영문) 부산지방법원 2015.08.27 2015가단32413
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 70,000,000 as well as 20% per annum from July 2, 2015 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff, from around 1998, lent a total of KRW 70,000,000 to Defendant B several times, and Defendant B, upon the Plaintiff’s demand for payment, prepared a loan certificate that borrowed the above KRW 70,000,000 from the Plaintiff on March 3, 2015, and thus Defendant B is obligated to pay the Plaintiff the above loan amount of KRW 70,000,000 and delay damages.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts.

2. The Plaintiff, as the wife of Defendant B, borrowed a total of KRW 70,00,00 from around 198 to several occasions with the Plaintiff from around 1998, and accordingly, the Defendant C is jointly and severally liable with the Defendant B to repay the above loan. However, the Plaintiff’s assertion is insufficient to recognize that Defendant C entered into a monetary loan agreement with the Plaintiff and borrowed the Plaintiff’s claim with the Plaintiff, and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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