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(영문) 수원지방법원안양지원 2014.12.12 2014가합1640
대여금
Text

1. The Plaintiff, Defendant B’s 62,00,000 won and the interest rate of 20% per annum from April 18, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. Defendant B is the wife of Defendant E, and Defendant C and D are the children of Defendant B and E.

B. The Plaintiff was drafted with the borrower E and Defendant B, respectively, as indicated in the following table.

On July 31, 2007, KRW 15,000,000 on January 21, 2008, 2008, the date of borrowing temporary loan payment of KRW 15,000,000 on April 20, 2008, respectively.

C. On June 2, 2006, the Plaintiff had F transfer 49,000,000 to Defendant C’s account.

On September 13, 2005, the Plaintiff respectively lent KRW 50 million to E, and KRW 100,000,000,000 on October 26, 2005, and Defendant D signed or sealed as the surety on the loan certificate written on each of the above money.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, and 12, the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of the claim 1) In the case of Defendant B’s health care division, and in the case of multiple obligors, each obligor bears an obligation at an equal rate unless there is any special declaration of intention (Article 408 of the Civil Act). According to the above facts of recognition, Defendant B is obligated to pay Defendant C the above amount of KRW 124,00,000 borrowed jointly with the Plaintiff (= KRW 30,000, KRW 15,000, KRW 64,000,000, KRW 15,000,000, KRW 15,000,000 according to the Defendant’s share of expenses (= KRW 124,00,000 ± 2) and damages for delay.2) The Plaintiff’s health care division and the Plaintiff’s transfer the amount of KRW 49,00,000 to Defendant C’s account, and there is no evidence to support the Plaintiff’s assertion as to the above Defendant C.

(O) According to the evidence Nos. 6 and 12, the Plaintiff appears to have remitted the above money at Defendant B’s request, and in light of this, there is only room to deem that the Plaintiff lent the above money to Defendant B. 3) Defendant D’s health care unit, Defendant D’s total sum of KRW 150,000,000 against the Plaintiff (=50,000,000 won).

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