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(영문) 춘천지방법원영월지원 2014.12.03 2014가단692
대여금
Text

1. Defendant C’s KRW 17 million and its relation to the Plaintiff’s KRW 5% per annum from January 17, 2014 to September 11, 2014.

Reasons

1. As to Defendant B

A. Defendant B, along with Defendant C, borrowed KRW 5 million from the Plaintiff on August 195, 195, KRW 15 million on October 7, 1995, KRW 3 million on October 10, 1995, KRW 25 million on November 17, 1995, and KRW 2 million on November 17, 1995. As such, Defendant C and the Plaintiff are jointly and severally liable to pay the Plaintiff a total of KRW 25 million and delay damages.

B. It is not sufficient to recognize that Defendant B borrowed the money claimed by the Plaintiff from Defendant C with the sole statement of No. 1, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant B is without merit.

2. As to Defendant C

A. Comprehensively taking account of the overall purport of the arguments in the statements in the evidences Nos. 1 through 3 cited by the Plaintiff, the Plaintiff loaned KRW 15 million to Defendant C on October 7, 1995, KRW 2 million under the Plaintiff’s husband D on November 17, 1995, and the Plaintiff sent to Defendant C a certificate of content that the Plaintiff would pay the said loan by January 9, 2014.

According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff the above borrowed amount of KRW 17 million and damages for delay at the rate of 5% per annum as prescribed by the Civil Act from January 17, 2014 to September 11, 2014, the delivery date of a copy of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. The part dismissing the Plaintiff, Defendant C, as above.

In addition to the borrowed money as stated in the claim, the plaintiff borrowed 5 million won around August 1995 and 3 million won around October 1995 from the plaintiff, and therefore, the plaintiff is obligated to pay the above borrowed money totaling 8 million won and delayed payment damages to the plaintiff.

However, the statement of No. 1 on the defendant C alone is the same.

In addition to the borrowed money stated in paragraph (1), it is not sufficient to recognize that the Plaintiff borrowed the above eight million won from the Plaintiff, and otherwise, it is recognized.

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