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(영문) 대구지방법원 경주지원 2017.01.10 2016가단2515
대여금
Text

1. The Plaintiff, Defendant D’s 40,000,000 won and Defendant D’s joint and several payment amounting to KRW 30,000,000, respectively.

Reasons

1. Claim against Defendant B and D

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

(b) Applicable provisions of Acts: Article 208 (3) 3 (Defendant B) and Article 208 (3) 2 (Defendant D) of the Civil Procedure Act;

2. On November 19, 2013, the Plaintiff claimed that Defendant C shall pay the Plaintiff the above KRW 30,000,000,000 and delay damages, on a yearly basis, since the Plaintiff leased KRW 40,000 to Defendant D on December 19, 2013 as interest rate of KRW 24% and due date of payment on December 19, 2013.

The Plaintiff loaned KRW 40,00,000 to Defendant D on November 19, 2013, taking account of the overall purport of the Plaintiff’s evidence Nos. 1-1 and the argument, and the Plaintiff borrowed KRW 30,000,000 from Defendant D upon Defendant B’s request, and it can be acknowledged that Defendant C, as the obligee of Defendant D, directly repaid KRW 30,000,000 to the Plaintiff and prepared a loan certificate.

However, on the other hand, around June 5, 2014, Defendant B agreed to pay the Plaintiff the Plaintiff a loan of KRW 30,000,000 to Defendant C, and the Plaintiff exempted the Plaintiff from the obligation to Defendant C, as there is no dispute between the parties. Accordingly, the Plaintiff’s claim against Defendant C is without merit.

3. In conclusion, the plaintiff's claim against the defendant B and D 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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