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Reasons
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(영문) 서울남부지방법원 2016.08.19 2016가단6532
차용금 반환
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is the husband of the E, and the Defendant D and the Defendant C are the children of the E.

The plaintiff is between the two families, including the defendants, and the family members of these E in the same club.

E operates a cafeteria in the name of Defendant D, G, in the name of Yangcheon-gu Seoul Metropolitan Government F, and a cafeteria in the name of Defendant C, and borrowed money from the Plaintiff, if necessary.

Since then, the Plaintiff remitted KRW 10 million to Defendant D, and ordered the Defendants to pay KRW 20 million.

E and the Defendants, as their family members, have been aware of for a long time with the Plaintiff and brought to the Plaintiff money jointly with the Plaintiff without a concept of borrowing them.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30 million and damages for delay calculated at the rate of 15% per annum from the day following the delivery date of the copy of the instant complaint to the day of full payment.

B. Comprehensively taking account of the overall purport of the arguments in the statement No. 1-2, No. 1-2, No. 1-2, and No. 1-2, and No. 2, E borrowed money of KRW 10 million from the Plaintiff on June 7, 2015, and the Plaintiff remitted KRW 9.7 million from the Plaintiff to the account under Defendant D’s name on June 25, 2015. The above account was received from Defendant D and used by Defendant D, and it was recognized that E borrowed money, and that E is proceeding for bankruptcy as Seoul Central District Court Decision 2015Ha9255.

Furthermore, there is no other evidence to acknowledge the Defendants’ promise to jointly and severally repay the said money with E.

Therefore, the Plaintiff’s claim against the Defendants cannot be accepted.

2. If so, all of the plaintiff's claims against the defendants are dismissed. It is so decided as per Disposition.

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