(영문) 수원지방법원 2019.08.14 2019나811 | 리걸엔진

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(영문) 수원지방법원 2019.08.14 2019나811

대여금

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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. According to the Gap evidence No. 1 (including the provisional number), the plaintiff loaned 16 million won to the defendants who are the married couple on July 14, 2016. The defendants borrowed 16 million won from the plaintiff on July 14, 2016, and the defendants promised to pay 16 million won to the plaintiff until July 24, 2016. The plaintiff lent 7 million won to the defendants on January 9, 2017, and the plaintiff lent 7 million won to the defendants on January 11, 2017, and collected 13 million won after lending 13 million won to the defendants on January 14, 2017, and the plaintiff received 3 million won from the defendants.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 26 million ( KRW 16 million, KRW 7 million, KRW 3 million - KRW 13 million - KRW 10 million - three million), and damages for delay, barring special circumstances.

I would like to say.

2. The defendants' defense and judgment

A. The Defendants asserted that the Plaintiff purchased from the Defendants a 1.280,000 won-free sugar, a Handphone, a bicycle equivalent to KRW 90,000,00,000, a bicycle equivalent to KRW 1.400,000,00,000, and documents and bags equivalent to KRW 1.282,00,000,000,000 were not paid by the Defendants, and thus, the Defendants should deduct the amount of the goods from the borrowed amount to be paid by the Defendants.

The fact that the Plaintiff did not pay the Defendants a total of KRW 1,920,000 to the Defendants does not conflict between the parties, so the above KRW 1,920,00 shall be deducted from the borrowed money that the Defendants shall pay to the Plaintiff

However, it is not sufficient to recognize that the Plaintiff purchased the bicycle and did not pay KRW 900,000 for the purchase of the bicycle, and there is no other evidence to acknowledge it, and the Defendants’ assertion that the amount of KRW 90,000 for the bicycle should be deducted is rejected.

B. In addition, Defendant B, to D in 2012, KRW 30 million.

유사 판례

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