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(영문) 울산지방법원 2017.05.17 2016가단63264
대여금
Text

1. Defendant B shall pay 80,000,000 won to the Plaintiff and 15% per annum from January 22, 2016 to the date of full payment.

Reasons

1. According to the statements in the evidence No. 1, No. 2, No. 6, and No. 8 against Defendant B, the Plaintiff is recognized as having lent the following amounts to Defendant B:

The plaintiff's claim for this part is accepted in full.

2. The Plaintiff asserted that, as the husband and wife, the Defendants jointly borrowed the said money from the Plaintiff while jointly operating the “E” on the 10th floor of the Busan District DD Building, Defendant C, the husband, also is liable to jointly repay the said money to the Plaintiff.

However, there is no evidence that Defendant C prepared and delivered to the Plaintiff a loan certificate, a written notice of repayment, etc. to repay the above loan.

[1] The evidence No. 1 (Evidence of Performance of Obligations) and No. 8 (No. 1) of the Defendant C did not have the signature and seal of the Defendant C, and the evidence No. 2 (Evidence of Contents) of the Defendant C only claimed for the payment of the loan to the Defendant B without any signature and seal of the Defendant C. Also, the Plaintiff, other than the Defendant B, filed a criminal complaint with the Defendant on the charge of fraud (Evidence No. 3-1, No. 2), and only was subject to criminal punishment (Evidence No. 6-1, No. 6-2) of the Defendant B. The Plaintiff asserted that, in the second, three, five, five, and six times of the above loan, the Defendants asked the Plaintiff to lend money to the Plaintiff with the testimony of the witness F, which is insufficient to recognize (F merely knew of the contents of the instant case from the Plaintiff, and it is difficult for the Plaintiff to have been given a witness testimony at any time with no knowledge of the content of the instant contract).

Rather, according to the evidence submitted by the Defendants, G is the Plaintiff’s money.

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