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(영문) 전주지방법원 2015.12.07 2014나10246

대여금

Text

1. All appeals by the Defendants are dismissed.

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

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. Defendant B borrowed money from the Plaintiff several times, and Defendant C and D are children of Defendant B.

B. Defendant B prepared and delivered to the Plaintiff a certificate of borrowing KRW 30 million on September 19, 2003, which was determined as the due date on December 3, 2004, and a certificate of borrowing KRW 20 million on October 28, 2003, which was determined as the due date and issued as of November 27, 2003, respectively.

I confirm that the performance of the obligation shall be performed on the part of the KRW 84,000,000 for the letter of confirmation (in nex 84,000,000), with the following contents:

Amount of debt: Doz. 84,000,000 (one gold Huncheon,000,000) - Daz.

1. Establishment (1) Support Center: 23,000,000 won (2) Office equipment: 40,000 won

2. (1) performance of obligations is 43,00,000 won with a grace period of 20 days on the day (by 19 May 19-6) and with a grace period of 43,00,000 won on the apartment related to apartment, (2) interest-related to interest: 3% on the 2nd day of each month - The due date of payment - The due date of principal repayment - The due date of 3% on the 30th day of September 2004 - The principal amount of 41,00,000 won - Interest: 1,230,000 won on the 1,230,000 won on the 1,00 won on the 20th day on the 1st day on the 20th day on the 6th day on the 1

C. On May 19, 2004, Defendant C and D prepared and issued to the Plaintiff a written confirmation as follows (hereinafter “instant confirmation”) regarding the Defendant B’s obligation to borrow loans against the Plaintiff.

Defendant B’s each of the instant notes on November 1, 2004, stating that “36.6 million won shall be repaid to the Plaintiff until November 20, 2005, and this is the last commitment.”

(iii) prepare and deliver the documents. [The facts that there is no dispute over the basis for recognition, the entries in Gap evidence 1-1, 2, 2, and 3-2, and the purport of the whole pleadings.]

2. In full view of the facts seen earlier prior to the determination of the cause of the claim, Defendant C and D borrowed money several times from the Plaintiff, and Defendant C and D between the Plaintiff and the Defendant B on May 19, 2004.