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(영문) 인천지방법원 2015.06.09 2014가단71223
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 21.1 million, and Defendant B from December 15, 2014 to Defendant C.

Reasons

1. Facts of recognition;

A. On November 28, 2009, the Plaintiff agreed to lend money to Defendant C with the introduction of Defendant B, known to the Plaintiff’s mother, to Defendant B, who was in a de facto marital relationship with Defendant B. Upon receipt of a loan certificate of KRW 30 million from Defendant C, the Plaintiff deposited KRW 26 million with Defendant C’s account on December 2, 200 of the same year, and there is no separate provision regarding interest or maturity.

B. Since February 9, 2010, Defendant B, with the Plaintiff’s account, KRW 900,000,000,000 for the same year

3. 17. 4 million won was paid, and at the time, Defendant C runs the scrap metal sales business under Defendant B’s name.

In the event of default, the company was operating the scrap metal sales company with the trade name of "E".

C. Around springing around 2011, the Plaintiff heard the awareness that the Defendants were hedging due to the lack of contact and the lack of business, etc., the Plaintiff sought the house of Defendant B, and then borrowed KRW 30 million from Defendant B in December 2009, and was drafted a cash custody certificate (No. 3, hereinafter “the cash custody certificate of this case”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to pay the Plaintiff KRW 30 million and delay damages therefrom, depending on the loan certificate and cash custody certificate prepared by the Defendants.

B. Defendant B’s assertion that the Plaintiff’s family members constituted a cash custody certificate as the Plaintiff’s family members found the house of Defendant B and caused harassment. Since Defendant B’s assertion that the Plaintiff met the Plaintiff’s parent and Defendant C, Defendant C was aware that the Plaintiff agreed with the Plaintiff and Defendant C was fully repaid the Plaintiff’s loan to the Plaintiff, Defendant C cannot accept the Plaintiff’s claim.

3. In light of the developments leading up to, and details of, the instant cash custody certificate, Defendant B’s monetary liability against the Plaintiff by preparing and granting the cash custody certificate of the instant case.

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