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(영문) 서울중앙지방법원 2014.07.10 2013가단269510
대여금 등
Text

1. Defendant C: (a) 18,900,000 won to Plaintiff A; (b) 19,00,000 won to Plaintiff B; and (c) 19,000 won to each of them from October 22, 2013.

Reasons

1. Determination as to the claim against Defendant C

(a)the reasons for the attachment to the indication of the claim and the changed reasons for the claim;

B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession

2. Determination as to the claim against Defendant D

A. Upon receipt of a request from Defendant C to the effect that Plaintiff A is operating a F Pharmacy in the Gyeonggi-gun E with Defendant D, the Plaintiff asserted that the said pharmacy was loaned purchase costs for operating the said pharmacy, and that the Plaintiff loaned the said loan to the Defendants without any separate interest agreement, by means of remitting the total sum of KRW 19 million to Defendant D’s account on April 24, 2012, and KRW 6 million on April 26, 2012.

Plaintiff

B Upon receipt of the same request from Defendant C, and on August 14, 2013, remitted the said money to the Defendants without any separate interest agreement, by way of remitting KRW 18.9 million for the purpose of settlement to the general medicines that supplied the drugs to the said F Pharmacy.

Therefore, Defendant D is jointly and severally obligated with Defendant C to repay each of the above loans to the Plaintiffs, as stated in the purport of the claim.

B. According to each of the records of evidence Nos. 1 and 2, it is recognized that Plaintiff A remitted a total of KRW 19 million to Plaintiff A’s head of Tong in the name of Defendant D three times on the date of the Plaintiff’s assertion, and Plaintiff B remitted a total of KRW 18.9 million to G drugs on the date of the assertion, respectively.

However, the above facts alone are insufficient to recognize that the plaintiffs lent the above money to the defendant D as alleged by the plaintiffs, and there is no other evidence to acknowledge it. Thus, the above assertion by the plaintiffs is rejected.

3. Conclusion, the plaintiffs' claim against the defendant C is justified, and the defendant D's claim against the defendant is dismissed as it is without merit.

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