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(영문) 서울남부지방법원 2018.04.12 2017나59961
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the co-defendant C of the first instance trial.

Reasons

1. Facts of recognition;

A. The Defendant and the co-defendant C of the first instance trial (hereinafter “C”) are married couple.

(hereinafter referred to as “Defendant Husband and wife”) b.

The account number of a national bank account in the name of D, a child of the defendant couple, upon receipt of a request from the defendant, who was a branch of the defendant around July 2011, is "F".

On July 25, 201, KRW 10,000, KRW 5,000 on August 9, 2011, KRW 3,000,000 on August 23, 2011, and KRW 68,000 on November 14, 201, and KRW 50,000 on November 14, 201.

C. The interest accrued after April 26, 2012 on loans of KRW 10 million as of July 25, 201; interest accrued after August 9, 2011; interest accrued after March 10, 2012 on loans of KRW 5 million as of KRW 3 million as of August 23, 2011; interest accrued after March 24, 2012 on loans of KRW 3 million as of August 23, 201; and interest accrued after November 14, 2011 as to KRW 50 million as of KRW 50 million as of March 15, 2012.

On the other hand, on March 9, 2012, C applied for bankruptcy and exemption to the Seoul Central District Court (2012Hadan2397 and 2012Ha2, 2397) and was declared bankrupt on June 19, 2012. On October 25, 2012, C was decided to grant exemption and became final and conclusive on November 20, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, obvious facts in this court, the purport of the whole pleadings

2. The assertion and judgment

A. On July 201, 201, the Plaintiff’s husband and wife promised to immediately repay the borrowed money and pay interest of 2% per month upon the Plaintiff’s request when the Plaintiff requested the return. As such, the Plaintiff leased KRW 68,00,000 to the Defendant husband and wife, the Defendant is jointly and severally liable with C to pay the above KRW 68,00,00 and interest or delay damages on the said amount. (2) The Defendant, the husband and wife, merely acted as a broker for the Plaintiff’s lending of money from the Plaintiff and did not promise to borrow money from the Plaintiff or jointly and severally with C.

B. The above facts of recognition and the foregoing.

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