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(영문) 인천지방법원 2015.07.03 2015나1727
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The Plaintiff’s determination as to the cause of the claim was made on September 9, 201, and September 30, 201, with a maturity of KRW 1 million as of October 9, 201, each of which was set on September 30, 201, and lent to the Defendants as of October 4, 201, as the Plaintiff did not dispute between the parties or was recognized by the evidence Nos. 1 and 2, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff the total amount of KRW 3 million (hereinafter “instant loan”) and the damages incurred therefrom.

2. Determination on the defenses for the exemption of obligation

A. The Defendants’ assertion 1) received 6 million won from the Defendants on February 27, 2013, and exempted the Defendants from all their obligations until the same day. Therefore, the Plaintiff’s claim in this case is without merit. The Plaintiff, in addition to the claim in this case, received 2 million won on March 4, 2010, 80,000 won on March 20, 2010, 3.7 million won on March 23, 2010, 3.7 million won on loan from Nonparty D, who is his/her father, to whom the Defendants gave 2.6 million won on May 25, 2010, 200 won on June 23, 2010, 2000 won on loan, and 3.6 million won on loan from Defendant C, respectively, 200,0000 won on loan 2.5 million won on June 24, 2010, 2003

In other words, the above receipt is prepared in the sense that the above loan obligation was exempted, and it is not prepared in the sense that the loan obligation of this case was exempted.

Therefore, the defendants' assertion is without merit.

B. In full view of the purport of the entire pleadings in the statement No. 1, we affirm that the Plaintiff received KRW 6 million from the Defendants on February 27, 2013, and that on the same day to the Defendants on February 27, 2013, all obligations, including the Defendants, and D’s principal and interest, have been terminated.

Recognizing the fact that the receipt stating " has been drawn up," this is recognized.

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