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(영문) 서울중앙지방법원 2001.07.12 2000나74690
대여금
Text

1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;

2. The costs of appeal are assessed against the Defendant (Appointed Party).

Reasons

Around 191, the Plaintiff loaned 30,000,000 won to Defendant and Selected C on April 19, 1992 with interest rate of 2% at the maturity of payment on April 19, 192, and there is no dispute between the Plaintiff and the Defendant (the Defendant did not have any evidence to acknowledge that the confession was contrary to the truth and due to mistake, although he led to the confession at the court below's confession, there is no evidence to acknowledge that the confession was made against the truth and due to mistake), and between the Plaintiff and the Selected C, there is no counter-proof. The facts that the Defendant and the selected C are the couple do not dispute between the parties, and considering the whole purport of the argument as stated in the evidence No. 1, the Defendant and the Appointed were jointly and severally liable to pay the Plaintiff the principal and interest of the loan at par value of KRW 30,000,000,000, Nov. 16, 1991).

In regard to this, the defendant and the designated parties C have asserted to the effect that they fully repaid the above loan amount of KRW 1,400,000 on April 7, 1993, such as paying the above loan amount of KRW 1,40,000. However, there is no evidence to acknowledge it solely with the statement of No. 1, and there is no reason to acknowledge it otherwise.

Therefore, the defendant and the Appointor C are jointly and severally liable to pay to the plaintiff the above borrowed principal of KRW 30,000,000 and damages for delay at the rate of 24% per annum from April 20, 1992 to the full payment day after the above repayment date as the plaintiff seeks. Thus, the plaintiff's claim of this case is reasonable, and the judgment of the court below is consistent with this conclusion.

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