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(영문) 전주지방법원 2014.11.28 2014가합6571
대여금
Text

Defendants jointly and severally liable to the Plaintiff for KRW 125,50,000 and KRW 115,00,000 among them, from February 1, 2012 to September 5, 2014.

Reasons

1. Determination as to the cause of claim

A. (1) The Plaintiff transferred to Defendant B, KRW 100 million on February 28, 201, and KRW 15 million on March 3, 2011, respectively.

(2) The Plaintiff filed a criminal complaint against Defendant B with the former District Prosecutors’ Office. In this regard, on December 20, 201, the Defendants paid to the Plaintiff KRW 10 million until December 20, 201, the Defendants agreed to submit a written withdrawal of the complaint to the Plaintiff, and the Plaintiff shall additionally pay KRW 40 million until December 23, 201, and if he/she had left the same document, a notarial deed shall be prepared in the written withdrawal statement prepared on the same day.

'' has drawn up an agreement with the content of the agreement.

(3) On the same day, the Defendants drafted a certificate with respect to the Plaintiff as follows, No. 5438, 201, which was signed by a notary public, including a law firm, Nam-nam General Law Office, etc.

The Defendants, who borrowed KRW 15 million to the Plaintiff, shall pay KRW 50 million by December 23, 201, and shall pay KRW 95 million including interest until January 31, 2012.

(B) On December 29, 201, the Plaintiff received KRW 19.5 million from Defendant B.

[Reasons for Recognition] The fact that there is no dispute or the plaintiff is a person, entry of Gap evidence 1 to 3 (including a provisional number; hereinafter the same shall apply) and the purport of whole pleadings

B. According to the above facts, the defendants are jointly and severally liable to pay interest of KRW 145 million, including interest of KRW 30 million on Defendant B’s loan of KRW 115 million from the plaintiff. The plaintiff received KRW 19.5 million from Defendant B on December 29, 201, and the plaintiff received KRW 19.5 million from Defendant B on December 29, 201. As long as the defendants, who are the debtor, do not designate it, the method and order of appropriation for payment of debt should be appropriated pursuant to Article 479 of the Civil Act. Thus, the amount of KRW 19.5 million should be appropriated for interest obligations among the above obligations.

Therefore, unless there are special circumstances, the Defendants are 125 million won (=15 million won (30 million won - 195 million won)) and the above obligations.

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