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(영문) 수원지방법원안양지원 2020.11.27 2020가단122299
대여금
Text

1. Defendant B’s KRW 34,00,000 and its amount are 5% per annum from January 1, 2020 to October 6, 2020, respectively, to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(Provided, That the “creditor” and “debtor” are the “Defendant”). (B)

Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. On May 13, 2019, the Plaintiff asserts that Defendant C is jointly and severally liable with Defendant C to pay KRW 34 million to the Plaintiff, as the Plaintiff lent KRW 34 million to Defendant C and Defendant B on May 13, 2019.

The following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in the statement No. 1, Defendant B borrowed KRW 34 million to the Plaintiff on May 13, 2019.

In light of the fact that “A” prepared a loan certificate and written Defendant B’s signature in the debtor column, but Defendant C did not sign the above loan certificate, it is insufficient to recognize that the Plaintiff lent KRW 34 million to Defendant C solely with the statement of No. 1, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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