(영문) 서울중앙지방법원 2017.11.30 2017가단5168146

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(영문) 서울중앙지방법원 2017.11.30 2017가단5168146

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 70 million and the amount of KRW 60 million among them, Defendant B from September 10, 2007.

Reasons

1. In full view of the purport of the entire pleadings in evidence Nos. 1, 2, and 3 (including additional numbers), the plaintiff loaned to the defendants the amount of KRW 40 million on Jan. 5, 2006 as of September 9, 2007. On Jan. 18, 2006, the plaintiff lent the amount of KRW 20 million as of September 9, 2007 with the due date set as of Sep. 19, 2007. The plaintiff lent the amount of KRW 10 million as of September 19, 2006 to the defendants.

2. The assertion and judgment

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay jointly and severally to the Plaintiff KRW 70 million (i.e., KRW 20 million in total) and KRW 60 million in total, Defendant B is obligated to pay 5% per annum from September 10, 2007, the day following the date on which the contract is repaid to the Plaintiff until November 15, 2017, the delivery date of the duplicate of the complaint of this case; Defendant C is 5% per annum from September 10, 2007, the day following the date on which the contract is repaid to the Plaintiff; from September 13, 2017 to September 13, 2017, the delivery date of the duplicate of the complaint of this case; from September 10, 2017 to the day on which each of them is repaid to the day on which the complaint of this case was served to the day on which it is served to the day on which it is served to the day on which it is served to the day of payment.

B. As to this, Defendant C did not have prepared promissory notes (Evidence A No. 1, 2, and 3) presented as evidence by the Plaintiff, and the body is not the pen of the body, and it could not be prepared because the said promissory notes were confined in the detention house from April 29, 2006 to June 29, 2007, and it did not borrow money from the Plaintiff.

However, as of October 21, 2015, Defendant C’s compensation for land expropriation should be made to the Plaintiff.

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