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(영문) 수원지방법원평택지원 2015.11.20 2015가단10771
대여금반환
Text

1. Defendant B’s KRW 30,000,000 as well as 5% per annum from March 13, 2013 to August 28, 2015 to the Plaintiff.

Reasons

1. Where there is no dispute between the parties to the judgment as to the claim against Defendant B, or comprehensively taking account of the overall purport of the entries and arguments set forth in subparagraphs 1 through 3 (including paper numbers; hereinafter the same shall apply), the Plaintiff is obligated to pay to Defendant B the amount of KRW 30,000,000 per annum of 30% on February 12, 2013, with the interest rate of KRW 30,000 (hereinafter “instant loan”). As the Plaintiff seeks, Defendant B is obligated to pay to the Plaintiff the amount of KRW 30,00,000 and the amount of KRW 5% per annum of the year set forth in the Civil Act from March 13, 2013 to August 28, 2015, the delivery date of a copy of the complaint set forth in the Civil Act, and the next day to the day of full payment, at each rate of KRW 15% per annum set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Determination as to the claim against Defendant C

A. The plaintiff's assertion that the defendant C is jointly and severally liable for the payment of the loan amount of this case to the plaintiff at the time of the loan of this case. Thus, the defendant C is jointly and severally liable for the payment of the loan amount of 30 million won and delay damages to the plaintiff.

B. We examine the judgment, Gap evidence Nos. 1 (Evidence), which corresponds to the plaintiff's assertion, cannot be used as evidence because there is no evidence to prove the authenticity, and the statement of evidence Nos. 2 and 3 alone is insufficient to recognize that defendant C guaranteed the defendant Eul's obligation to pay the loan of this case to the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is accepted on the grounds of merit, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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