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(영문) 광주지방법원 2013.08.22 2012가단6504
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 53,282,770 and KRW 43,282,770 among them, from January 18, 2003.

Reasons

1. Determination as to the claim against Defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

[Attachment 52,00,000 won on April 14, 2002 (payment period June 30, 2002), each loan of KRW 10,000,000 on May 22, 200 (payment period May 30, 2002) and its total amount of KRW 52,00,000 on the above loans, each loan of KRW 52,000 on May 22, 200, which was rendered a favorable judgment against Defendant B by filing a lawsuit against Defendant B, and partly repaid the principal by means of a compulsory execution by corporeal movables]

Defendant B: Judgment by service (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C and D

A. The following facts may be acknowledged if there is no dispute between the parties, or if the entries in Gap evidence Nos. 3, 4, 5, and 6 (No. 1 is the same as part of Eul evidence No. 3) are considered as a whole in light of the whole purport of the pleadings:

(1) Around April 14, 2002, the Plaintiff became aware of the Defendant B and C husband and wife (at that time, the Plaintiff had been running a singing room in Gwangjubuk-gu E) who had been a party funeral customer, and applied for facility funds in order to change the standards for the regulation of singing alcoholic beverages, and Defendant B loaned money only once a month, and Defendant C borrowed money from Defendant C as a joint surety and borrowed KRW 52 million to Defendant C as a joint surety around April 14, 2002 (payment period, June 30, 2002), and around May 22, 2002 (payment period, May 30, 2002).

(2) After Defendant B and C transferred the singing of Defendant B and C’s operation to another person, the Plaintiff asked Defendant B and C to pay the amount due after the maturity date. Defendant B and C demanded the extension of the maturity date. However, Defendant C knew of the fact that Defendant C transferred the name of the musical business operator and the apartment house at his residence to another person without the Plaintiff’s consent and filed a lawsuit claiming loans of KRW 52,000,000 against Defendant B and C (Seoul District Court Decision 2002Da46114) on November 27, 2002.

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