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(영문) 대구지방법원 2016.11.10 2016가단18385
대여금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 19,50,000 and 5% per annum from June 14, 2007 to August 5, 2016.

Reasons

1. The judgment on the plaintiff's claim shall be made on June 13, 2006 and lent KRW 30 million to the defendant Eul on June 14, 2007 as the due date, and the defendant C has jointly and severally guaranteed the above loan obligations against the plaintiff of the defendant Eul. Since then, the defendant Eul has jointly and severally guaranteed the above loan obligations against the plaintiff of the defendant Eul, the amount of KRW 150 million on July 12, 2006 as the passbook of the plaintiff's mother D, and the amount of KRW 150,00 on September 13, 2006, KRW 150,000 on October 15, 206, KRW 150,000 on November 11, 2006, KRW 150,000 on December 4, 2006, or KRW 1050,050 on December 14, 2006 may be acknowledged by the evidence of subparagraph 1 through 3.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 19.5 million won (30 million won - 10.5 million won) and the damages for delay calculated at each rate of 5% per annum under the Civil Act from June 14, 2007, which is the day after the maturity date to August 5, 2016, and from August 6, 2016, from August 6, 2016 to the day after the completion date of payment.

2. Defendant B’s argument regarding Defendant B is first asserted that Defendant C is not Defendant B, but Defendant B is not Defendant B. However, the fact that Defendant B paid money to the Plaintiff is as seen above, and according to the Plaintiff’s evidence No. 1, the other party who sent money can be recognized as Defendant B. As such, Defendant B may be recognized as the debtor.

Defendant B asserts that the loan was fully repaid by means of deposit in passbook E, F, etc., but there is no evidence to prove that Defendant B paid the loan to E and F.

3. If so, the plaintiff's claim against the defendants is justified, and this is accepted.

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