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(영문) 수원지방법원안양지원 2015.08.13 2015가단1459
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. On October 25, 2007, the Plaintiff loaned interest of KRW 300,000 per month to the Defendants on October 25, 2007, and KRW 30 million on October 25, 2009 (hereinafter “instant loan”) to the Defendants are not disputing parties. On January 9, 2012, the Plaintiff received repayment of KRW 10,000 from the Defendants on January 9, 2012, and the Plaintiff received all interest by April 20, 2012. Thus, the Defendants jointly and severally liable to pay the Plaintiff the interest of KRW 26,40,000 (=the balance of KRW 20,000,000) from May 20, 2012 to December 20, 2014 x KRW 200,000,000).

B. The Defendants asserted that D paid KRW 5 million out of the instant loan. Thus, the Defendants asserted that D would have been exempted from the remainder of the instant loan obligations, on May 15, 2013, since there is no dispute between the parties that D paid KRW 5 million out of the instant loan to the Plaintiff on May 15, 2013, the aforementioned assertion by the Defendants is reasonable. In addition, the Defendants asserted that D would have exempted the Plaintiff from the remainder of the instant loan obligations by receiving the repayment of KRW 3 million from E, and that the Plaintiff, around October 2007, exempted the Defendants from the remainder of the instant loan obligations.

In full view of the overall purport of the arguments in evidence Nos. 2 and 3, the mother of Defendant B: (a) transferred KRW 3 million to the Plaintiff on September 23, 2013; (b) E transferred KRW 3 million to the Plaintiff on September 23, 2013; (c) E transferred KRW 3 million to the Plaintiff; and (d) E, “I am fried to the Plaintiff, because I am fried to the Plaintiff; (c) the Plaintiff “I am fried to frien, I am fried, I am fried, I am fried, I am.” (d) The Plaintiff “I am fried, I am fried, I am fried, I am fried, because I am fried

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