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(영문) 서울중앙지방법원 2018.08.17 2017나39466
대여금
Text

1. The judgment of the court of first instance is modified as follows.

Defendant C and F shall be jointly and severally liable to Plaintiff A for KRW 10,855,921.

Reasons

1. Basic facts

A. On May 14, 2014, Plaintiff A made a notarial deed (hereinafter “notarial deed of this case”) as a notary public No. 326, 2014, with the following content: (a) the interest rate of KRW 18 million is 24% per annum; and (b) the due date was determined and lent on July 12, 2014; and (c) the notary public drafted a notarial deed under the notarial deed (hereinafter “notarial deed of this case”).

B. Defendant C transferred money to the Plaintiff’s account four times as indicated in the following table.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiffs’ assertion (1) Plaintiff A asserted that: (a) on February 24, 2014, Plaintiff C and D lent KRW 18 million to Defendant C and D; (b) on February 24, 2014, the interest rate was 2% per month; and (c) on June 31, 2014, Defendant F, a child of the said Defendants, jointly and severally guaranteed the said Defendants; (b) the Defendants are jointly and severally liable to pay the Plaintiff KRW 18 million and damages for delay.

(2) On February 24, 2014, Plaintiff B’s assertion, Defendant C, and C were leased KRW 12 million to Defendant C and D on February 24, 2014, the interest rate of KRW 2% per month, and the due date of payment on June 31, 2014. Defendant F, a child of the said Defendants, jointly and severally guaranteed this, the Defendants are jointly and severally liable to pay the Plaintiff KRW 12 million and damages for delay.

B. The Defendants asserted that: (a) Defendant D did not borrow money from Plaintiff A; (b) Defendant C paid 11.6 million won to Plaintiff B as shown in the above table; (c) Defendant C and D did not borrow money from Plaintiff B; and (d) Defendant F did not have any joint and several liability for Defendant C and D’s obligations.

C. (1) According to the facts found in the above facts, the judgment of the plaintiff A's claim (A) and the facts found in the above facts, the defendant D has the duty to repay the loan under the Notarial Deed of this case to the plaintiff A.

In addition, according to Gap evidence No. 4, defendant F shall prepare a letter (Evidence No. 4) to the effect that he/she is legally responsible for it.

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