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(영문) 서울중앙지방법원 2013.07.03 2012가합84863
대여금 등
Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 150,000,000 among the above money and KRW 560,000,000, Defendant B, from December 1, 2007,

Reasons

1. As to the plaintiff's claim against the defendant B and C

A. 1) On November 30, 2007, the Plaintiff: (a) acknowledged that the cause of the claim was 150 million won; (b) on November 30, 2007, the Plaintiff loaned the loan to Defendant B and C by setting the amount of KRW 150 million as the due date of repayment on February 28, 2008; (c) on December 1, 2007 from December 28, 2007 to 5% per month; and (d) on November 30, 2007 from December 1, 2007 to 5% per month (hereinafter “loan”).

(2) At the time of the above loan, Defendant B and C agreed to jointly and severally repay the loan to the Plaintiff on November 30, 2007.

[Based on the facts established on the basis of facts without dispute, Gap evidence No. 1 and the purport of the whole pleadings, barring any special circumstance, defendant B and C are jointly and severally liable to pay the plaintiff a loan of KRW 150 million and its interest or delay damages. 2) The defendant's defense against the plaintiff (1) The defendant Eul and C, who borrowed the loan from the plaintiff on Nov. 30, 2007, with KRW 150 million from the plaintiff on Feb. 22, 2008, and KRW 90 million from Feb. 25, 2008, and KRW 16 million from the plaintiff on Feb. 26, 2008, and KRW 16 million from the above legal relations with the plaintiff on Feb. 26, 2008, which require payment of KRW 150 million from the plaintiff on Feb. 16, 2008, are not in accordance with the plaintiff's burden of proof.

(2) Upon considering the overall purport of the statements and arguments set forth in subparagraphs 5 and 6 of Article 97Da11072, Jun. 13, 1997 (see Supreme Court Decision 97Da11072, Feb. 22, 2008; 200 million won for Defendant B to the Plaintiff on February 25, 2008; 200 million won for February 25, 2008; and 16 million won for February 26, 2008.

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