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Reasons
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(영문) 서울중앙지방법원 2017.10.19 2016가단5024041
손해배상(기)
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1. The Plaintiff:

A. As to Defendant B and C’s joint and several KRW 100,700,000 and KRW 40,000,000 among them, Defendant B and C shall be jointly and severally liable for the payment of KRW 10,70,000.

Reasons

1. Facts of recognition;

A. The Plaintiff lent KRW 40,00,000,000 to Defendant B and C on August 14, 2007 (= KRW 30,000,000,000) as interest rate of KRW 1.25% per month, and KRW 10,00,000 on October 31, 201 as interest rate of KRW 1% per month, and KRW 10,700,000 on July 1, 2013, and KRW 40,00,00 on August 27, 2013 as interest rate of KRW 1% per month.

(hereinafter collectively referred to as “the principal and interest of the instant loan”). (b)

Defendant D guaranteed the principal and interest of the loans of KRW 30,000,000 on August 14, 2007.

【Ground of recognition】 Each entry in the evidence Nos. 1, 2, 8-11, and 15 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. As to the Defendants’ assertion, Defendant D claimed that: (a) on August 30, 201, the Plaintiff paid KRW 6,000,000 (= KRW 4,000,000); (b) on January 20, 2012, KRW 400,000; and (c) on December 31, 2012, KRW 7,100,000 (= KRW 6,000,000; KRW 1,100,000; and (d) on July 10, 2013, KRW 6,000,000 (= KRW 6,200,000,000; KRW 4,200,000; and (e) on July 30, 2013, Defendant C paid all of its guaranteed obligations to the Plaintiff, including the total amount of KRW 10,000,000; and (e) on July 20, 200013.7.200.

However, in light of the contents of evidence Nos. 8-14 and the purport of the entire pleadings, it is difficult to recognize that the Plaintiff paid 100,700,000 won to the Plaintiff solely on the basis of the statement No. 15 and the result of the order to submit financial transaction information to our banks by this court and the above 10,250,000 won remitted by Defendant D to the Plaintiff as the repayment of the principal and interest of the instant loan. Furthermore, the remainder of the above remittance amounting to KRW 86,876,00 (i.e., KRW 125,026,000 - KRW 27,90,250,000 - KRW 10,700,000 (= KRW 400,000,0000,000) of the leased principal that the Plaintiff seeks by the instant lawsuit (= KRW 100,700,000,000).

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