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(영문) 서울중앙지방법원 2018.06.21 2017가단69619
대여금청구의 소
Text

1. Defendant B’s KRW 33,400,000 and the Plaintiff’s annual rate of KRW 5% from July 31, 2008 to June 21, 2018.

Reasons

1. The parties' assertion

A. The plaintiff's assertion purport is that the plaintiff lent KRW 1 million to the defendant C, who is his father and wife of the above defendant, under the joint and several guarantee of the defendant B. The plaintiff lent KRW 2 million to the defendants as well as KRW 2 million, and KRW 6.2 million among the defendant B, he was paid KRW 6.3 million from the defendant B. The defendants are jointly and severally liable to pay the plaintiff the balance of the loan (= KRW 1 million 2 million - 6.2 million - 6.2 million)

B. Defendant B’s assertion merely borrowed a total of KRW 39.6 million from the Plaintiff, and Defendant B repaid to the Plaintiff KRW 6.2 million among them.

C. Defendant C’s assertion that there was no difference between the Plaintiff and the Plaintiff.

2. Determination:

A. The following facts can be acknowledged in light of the following facts in light of Gap evidence No. 1-1-4 and Gap evidence No. 2-1, 2, and 3 (the part prepared by defendant B).

1) The Plaintiff: (a) on May 29, 2007, with the deposit account in the name of Defendant C, who is his father, of Defendant B; (b) on September 18, 2007, KRW 500,000; (c) on January 10, 2008, KRW 650,000; (d) on January 11, 2008, KRW 1350,000; and (e) on December 26, 2007, KRW 39.6 million with the deposit account in the name of Defendant B; (b) on December 3, 2007, the Plaintiff borrowed KRW 1 million from the Plaintiff on April 3, 2007; and (c) on the date of repayment of KRW 2,000,000 from the Plaintiff on September 3, 207, the Plaintiff received KRW 280,000 from the Defendant C’s respective 208.

B. First of all, the judgment on the claim against the Defendant B is liable to guarantee the Defendant B’s loan amounting to one million won against the Plaintiff.

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