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Reasons
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(영문) 창원지방법원마산지원 2015.08.28 2014가합2983
대여금
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1. Defendants B and C shall jointly and severally serve as KRW 100,780,000 on the Plaintiff and as a result, from December 4, 2014 to August 28, 2015.

Reasons

1. Facts of recognition;

A. Defendant B and C are married, and Defendant D is the children of the above Defendants.

B. On March 11, 201, the Plaintiff lent KRW 20 million to Defendant B and C, KRW 25 million on November 20, 201, KRW 30 million on November 30, 201, KRW 30 million on December 25, 201, KRW 30 million on December 25, 201, and KRW 135 million on May 31, 201.

C. From March 11, 2011 to October 2012, Defendant B and C paid to the Plaintiff KRW 16.6 million in cash. From December 10, 2011 to March 10, 2014, Defendant B and C deposited KRW 17.62 million in the name of the Plaintiff and the Plaintiff Cho Dong E, and repaid part of the borrowed amount.

[Reasons for Recognition] Facts without dispute, the fact that the plaintiff is the applicant, each entry in Gap evidence 1 to 5, and the purport of the whole pleadings

2. Claim against Defendant B and C

A. According to the above facts finding as to the cause of the claim, it is reasonable to view that the above Defendants agreed to jointly and severally repay the above money as they were in common life and borrow money from the Plaintiff in common. Thus, barring any special circumstance, they are jointly and severally liable to pay to the Plaintiff a total of KRW 135 million (= KRW 30 million ( KRW 30 million) to the Plaintiff, excluding the money paid by the said Defendants to the Plaintiff (= KRW 135 million - KRW 16 million) and damages for delay.

B. Determination on the Defendants’ assertion 1) The Defendants asserted that they borrowed money from the Plaintiff on or before the date on which the certificate of loan was entered, and subsequently prepared the certificate of loan in total.

The amount borrowed by the Defendants from the Plaintiff is KRW 20 million as of Mar. 11, 201, KRW 25 million as of Nov. 20, 201, KRW 30 million as of Nov. 30, 201, KRW 12 million as of Nov. 30, 201, and KRW 87 million as of Dec. 25, 201, KRW 30 million as of Dec. 25, 201, and KRW 30 million as of May 31, 201.

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