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(영문) 인천지방법원 부천지원 2018.12.21 2018가단101651
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 135,998,50 and the interest rate thereon from February 6, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 25, 2015, Defendant C, the spouse of Defendant B, acquired the ownership of the building indicated in the separate sheet (hereinafter “instant building”) at his/her residence as of November 25, 2015, and on the same day, Defendant C entrusted the instant building to Nonparty D Co., Ltd., and was loaned KRW 145,00,000 from Nonparty C’s bank.

B. On November 25, 2016, the Plaintiff lent KRW 135,998,500 to Defendant B (hereinafter “instant loan”).

C. Defendant B transferred each of the KRW 80,000,000 to Defendant C on December 7, 2016, and KRW 60,384,030 on February 2, 2017, and Defendant C repaid each of the principal and interest of the loans as described in the foregoing paragraph to the E Depository, respectively, and Defendant C repaid each of the KRW 80,00,000 on December 7, 2016, and KRW 60,384,030 on February 2, 2017.

Accordingly, on February 2, 2017, Defendant C completed the registration of ownership transfer with regard to the instant building from Company D as the grounds for registration.

E. On December 10, 2017, Defendant B made a statement of payment that the Plaintiff would pay the instant loan to the Plaintiff up to December 31, 2017, and if delay, Defendant B would pay the interest in arrears calculated at the rate of 20% per annum.

[Ground of recognition] Facts without dispute, entry in Gap evidence 2 through 5 (including paper numbers), the court head of the ABB, the response of each order to submit financial transaction information to the president of the EF, the purport of the entire pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff’s act of borrowing the instant loan constitutes a juristic act related to daily home affairs, and the Defendants are jointly and severally liable to repay the instant loan to the Plaintiff. (2) The Plaintiff jointly and severally guaranteed the Defendant’s loan obligation of KRW 40,000,000 to the Defendant’s loan companies. Defendant B delayed the repayment of the said loan and applied for individual rehabilitation. As such, Defendant B is obligated to pay the Plaintiff the said KRW 40,000,000 to the Plaintiff, which is the trustee guarantor, with the prior reimbursement obligation.

B. The Defendants’.

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