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(영문) 서울중앙지방법원 2015.11.04 2015가합505521
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) on December 22, 201, the Plaintiff: (a) lent KRW 120 million to the Defendants on the basis of “interest rate of 2.5% per annum”; and (b) “the repayment period of February 21, 2012” (hereinafter “the first loan”).

(2) The Defendants requested additional loans of KRW 80 million at the time when the first loan becomes due, and the Plaintiff additionally lent KRW 80 million to the Defendants on February 22, 2012.

(hereinafter “Secondary loan”). However, the loan was written as “230 million won” (i.e., the loan amounting to KRW 120 million (i., KRW 120 million). However, the loan was written as KRW 30 million (i.e., KRW 120 million).

3) The Defendants did not repay the first and second loans. The “receipts” presented by the Defendants as evidence for the repayment of KRW 120 million to the Plaintiff is merely a new loan certificate for KRW 230 million. Defendant B paid the money deposited in the court to the Plaintiff. However, this was the name of the Defendant B’s joint and several liability for the loan amounting to KRW 250 million to the Plaintiff (hereinafter “the separate liability of this case”).

5) Ultimately, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 260 million remaining after the partial repayment of KRW 230 million in total of the loans 1 and 200 million. (B) At the time the Defendants received the secondary loan 1) the Defendants’ assertion 1, Defendant C left as the obligor for the total amount of KRW 230 million increased loans, and Defendant C agreed to be omitted in the debt relationship, and Defendant C did not have any new joint and several liability for the above loan obligations of Defendant B.

The defendants are only signed and sealed by the defendants at the time of the first loan with respect to the preparation of the monetary loan contract (No. 1).

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