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(영문) 대전지방법원논산지원 2014.09.18 2014가단1457
대여금 등
Text

1. Defendant B shall pay to the Plaintiff the amount of KRW 58,800,000 and KRW 30,000,000, whichever is above, from December 27, 2011.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 2, taking into account the overall purport of the pleadings:

Upon receiving a request from Defendant B to request the advance payment, the Plaintiff lent KRW 28,800,00 to Defendant B.

B. The Plaintiff lent money to the Defendant B several times.

In settling the above loans, the Plaintiff and Defendant B received a notarial deed from Defendant B on December 26, 201, on the following grounds: (a) the Plaintiff paid KRW 30,000,000 to Defendant B until July 26, 2012; and (b) the interest and delay damages were determined at 30% per annum and lent to Defendant B; and (c) a notary public affiliated with the Daejeon District Public Prosecutor’s Office signed on January 20, 2012, obtained a notarial deed of money loan agreement No. 652 of the document prepared by D on January 20, 2012.

2. The parties' assertion

A. The Defendants asserted are married couple, and Defendant B borrowed KRW 58,800,000 from the Plaintiff, and purchased a house in which the Defendants and their children reside in the name of Defendant C, and used it for daily family affairs, such as using the Defendants’ children’ educational expenses, etc. Accordingly, pursuant to Article 832 of the Civil Act, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated at the rate of 30% per annum as agreed from December 27, 2011 to the date of full payment with respect to KRW 58,800,000, out of the total amount of each of the above loans and KRW 30,000,000, out of the above loans.

B. Defendant C’s assertion was entirely unaware of the fact that Defendant C borrowed money from the Plaintiff as above, and Defendant C was separated from Defendant C from October 2012, and Defendant C was not a party to purchase a house in which Defendant C resides with the money borrowed from the Plaintiff, or used it as the Defendants’ children’s educational expenses.

3. Determination

A. According to the above facts finding as to the claim against Defendant B, Defendant B shall pay to the Plaintiff the sum of KRW 58,800,000 and KRW 30,000,000, out of the above loans, from December 27, 2011, which is the next day, to the date of full payment.

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